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HomeMy WebLinkAbout86-502; The Mary E Bressi Trust; 1997-0096702: EasementRecording Requested By and When Recorded Return To: Continental Ranch, Inc. 12636 High Bluff Drive, Suite 300 San Diego, California 92130 Attention: David Lother -C Ki;.. C,,rmv) 81.rJ · 5)? THE ORIGIHAL OF THIS DOCUMEHT WAS RECORDED OH 05-MAR-1997, DOCUMENT HUMBER 1997-0096702. GREGORY SMITH, COUHTY RECOROEK SAH DIEGO COUHTY RECORDER'S OFF!C[ Space Above For Recorder's Use EASEMENT AGREEMENT (Access, Construction and Maintenance; El Fuerte) THIS EASEMENT AGREEMENT ("Agreement") is made as of Oc71Jgd ?, 1996, by MARY BRESSI PERSIC, ELIZABETH BRESSI WIEGAND AND RUTH BRESSI BUDLONG, AS SUCCESSOR CO-TRUSTEES OF THE MARYE. BRESSI DECLARATION OFTRUSTDATEDJUNE2, 1988("Grantor"), to CONTINENTAL RANCH, INC., a Delaware corporation ("Grantee"), with reference to the following RECITALS: A. Grantor is the owner of the real property located in the City of Carlsbad ("City"), County of San Diego, California, described on Exhibit "A" attached to this Agreement ("Bressi Property"). B. Grantee is the owner of the real property located in the City described on Exhibit "B" attached to this Agreement ("CRI Property"). Grantee intends to develop the CRI Property pursuant to authorization from City. The development of the CRI Property will include grading, public and private improvements and residential structures. Grantee's development of the CRI Property is commonly referred to as Rancho Carrillo. C. The Bressi Property and the CRI Property have a common boundary. Development of the CRI Property pursuant to the authorization of the City will require access, grading, the construction of drainage improvements, landscaping and maintenance of the resulting slopes on the Bressi Property. The parties expressly intend that the easement described herein shall be appurtenant to the CRI Property and shall burden the Bressi Property. The easement is described on attached Exhibit "C." D. Grantor is willing to grant to Grantee an easement over the Bressi Property for purposes of access, grading and associated uses reasonably necessary in connection with the development of the CRI Property. Furthermore, Grantor recognizes and expressly consents to the dedication from Grantee of a portion of the easement to the City for public road purposes. In addition, Grantee may dedicate to the Carlsbad Municipal Water District a portion of the easement for a sewer line which shall be located within the future right of way of El Fuerte Road. The parties recognize that the dedication of the easement or a portion of the easement may require the parties to sign a public agency easement form. crg\con-brts-fue.eas 09/12/96 -1- NOW, THEREFORE, Grantor grants to Grantee, for good and valuable consideration the adequacy of which is uncontested, the following easement: 1. Grant of Easement. Grantor grants to Grantee, for the benefit of the CRJ Property, a non-exclusive easement on, over, under and across the Bressi Property for the limited purposes of access, construction, slope creation, landscaping, maintenance and the construction of sewer and drainage structures, in the location described on Exhibit "C" ("Easement"). The grading, landscaping and other improvements shall be constructed and installed pursuant to City approved Grading and Landscape Plans for Rancho Carrillo. 2. Grantor's Reservation. Notwithstanding the Easement described in paragraph 1 above, Grantor expressly reserves the right to grade, construct, landscape, maintain and offer for dedication, if necessary, the right of way and associated improvements for El Fuerte Road to be constructed on the Bressi Property. Said reservation is expressly described on attached Exhibit "C." 3. Use of Easement. Grantee shall have the right to use the Easement for access, equipment, materials and workers for the construction, use and maintenance of the work described above and located as described on attached Exhibit "C" and all other purposes which are consistent with this Agreement. Furthertnore, Grantee expressly recognizes and includes within this Agreement, the right of any public agency to reasonably enter the Easement for the purpose of inspecting or maintaining the improvements described herein. 4. Grantee's Obligations. Grantee agrees, in connection with such entry on the Bressi Property as described herein: (a) to obtain all governmental pertnits required in connection with the work described in this Agreement; (b) to perfortn all work in a safe manner in compliance with all applicable governmental pertnits, ordinances, regulations and requirements; (c) to not pertnit any hazardous condition caused by Grantee, or its employees, agents or independent contractors, to remain on the Bressi Property; (d) to repair any damage or disturbance to the Bressi Property caused by Grantee, or its employees, agents or independent contractors; (e) to procure ( or have all work perfortned by contractors who maintain) general liability insurance in the amount of at least Two Million Dollars ($2,000,000) per occurrence, naming Granter as an additional insured, evidence of which shall be delivered to Grantor prior to Grantee's first entry onto the Bressi Property; and (f) to repair and maintain the landscaping, drainage structures and other improvements described herein in a manner satisfactory to City. The insurance described above shall provide that Grantor shall be given at least thirty (30) days written notice prior to the tertnination or expiration of such policy. Grantor shall have the right to post notices of non- responsibility prior to Grantee's first entry onto the Bressi Property. 5. Grantor's Right to Maintain Landscaping and Slopes. Notwithstanding any provision of this Agreement to the contrary, Grantor shall have the right, but not the obligation, to notify Grantee when in Grantor's reasonable judgement the improvements, landscaping or slopes installed upon the Easement is not being reasonably maintained by Granter. Said notice by Granter shall identify with particularity the deficiency in Grantee's maintenance and shall provide Grantee a reasonably period of time, but not less than thirty (30) days to cure the deficiency. In the event Grantee fails to cure the deficiency, then Grantor may, without waiver of its rights or prejudice, maintain the improvements, landscaping or slopes and seek reimbursement from Grantee for the reasonable costs incurred. 5. Termination of Easement. That portion of the Easement described in Exhibit "C" which is labelled "Construction Easement" shall tertninate upon the earlier of the completion of crglcon•bU3·fue. ear 09/22/96 -2- the construction work or December 31, 1998. The remainder of the Easement described on Exhibit "C" shall terminate upon dedication of the right of way for El Fuerte by Grantor to the City or the issuance of a grading permit to Grantor by City for work within the area described in the Easement. 6. Litigation. In the event of litigation between Grantor and Grantee arising out of or in connection with the Easement or this Agreement, the prevailing party shall be entitled to costs of suit and attorneys' fees. 7. Binding Effect. The provisions of this Agreement shall run with the land and shall benefit the CRI Property and burden the Bressi Property until this Agreement is terminated as described in paragraph 5 above. Furthermore, Grantee may dedicate or assign a portion of the Easement which is within the future right of way of El Fuerte Road to the Carlsbad Municipal Water District for the construction and maintenance of a sewer. In that regard, the parties expressly recognize that Carlsbad Municipal Water District may require the signing of a "form" easement to facilitate the dedication or assignment from Grantee. The parties will reasonably cooperate and sign such a sewer easement provided such easement is substantially similar in scope and purpose as this Agreement. 8. Indemnitv. Grantee shall indemnify, protect, hold harmless and defend Grantor (and its partners, officers, directors, shareholders, employees, agents successors and assigns) from and against any and all liabilities, liens, claims, damages, costs, suits or judgments (including attorneys' fees and court costs) arising out of; (a) labor or services performed or materials furnished to or for the benefit of Grantee; (b) personal injury or property damage arising out of entry upon the Bressi Property by Grantee or its employees, agents or independent contractors; or ( c) breach of this Agreement by Grantee. Grantee's obligations under this paragraph shall survive termination of this Agreement. 9. Additional Documents. Grantor shall provide, upon the written request of Grantee, a signed "permission to grade letter" in the form of attached Exhibit "D" to the City. THIS EASEMENT AGREEMENT has been signed as of the date first set forth above. crg\con-bra-fue.em 09122196 THE MARYE. BRESSI TRUST DATED JUNE 2, 1988 ~~~~,~✓✓ iis:RuB~e Mary E. Bressi Trust Mi. M Persic, Trustee Mary E. Bressi Trust Mary E. Bressi Trust ,E/,l;u;JJFTl•I JJ. )./,£t:AK0, 7",t111.57'.G£ -3- CALlf:'ORNIA ALL-PURPOSE ACKN\JWLEDGMENT State of Cfl {, if o fZ II// /J County of {) r7.. ,4-N lt7 £ On 1 O · 2 -9 l, before me, -:f tEr,Ft'o/ ? ll LL-! .s ~ Data Name and Title of Officer (e.g., •Jana Doe, Notary Public"} personally appeared E !, Z/rtJ-erh l3. '1/, ~ t:,,1#D Name s Signef'(s) □ personally known to me -OR -glproved to me on the basis of satisfactory evidence to be the person(~ whose name(s) islaf:e subscribed to the within instrument and acknowledged to me that Rel'sheARey executed the ta a o a a o a a a a a a o 1f {i' ·,.:;.: JEFfREYPAUlALLISON :;: , a•"c ~ •·. COMM.# 1060174 I I ; ~-. . Notary P<bllc -canfomlo ?: ·--. OllANGE COUNlY l J ·· · · My Comm. Expires JUN 9, 1999 0 C C O $ 0 C C C C C C 0 same in Ri6/herllfteir authorized capacity{i8&l, and that by -l!is/her/their signature(9* on the instrument the person(~ or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. ------------OPTIONAL------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ 0 Individual □ Corporate Officer Title(s): ____________ _ □ Partner -□ Limited □ General □ Attorney-in-Fact □ Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual □ Corporate Officer Title(s): ____________ _ □ Partner -□ Limited □ General □ ~orney-in-Fact [Q"irustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: C 19!M National Notary ASSOClalion • 8236 Remmel /1.w,,, P.O. Bo,: 718' • Ganoga Park, CA 91309-718' Prod. No. 5907 Aeon:ler: Call Toll•Fl'ff 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWL!;:DGMENT State of County of On _!_o_· __,Z"------_L9_e,,c...__. ___ before me, .J.1£ F;:: IZE L,/ p lfL,t1J ON I{/ ar~ y Date Name and'rrtle of Officer (e.g., "Jane Doe, No~ry Public") 7 personally appeared _L(Y)_:...:lr...:Yi:...y,,,__..,,b==-.,_. _ _,_P......::e:..:r'-'c~-:".!',,',(~--,,.,.,s""~--,.,:;-,t,,,..) -----------~· O personally known to me -OR -'Dl!' proved to me on the basis of satisfactory evidence to be the person(-t whose name{s) is/are subscnbed to the within instrument and acknowledged to me that i'le/sheJll'tey executed the same in Ris/herAAeir authorized capacity(i116), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ------------OPTIONAL------------ Though the information below is not required by Jaw. it may prove Valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TIiie or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ □ Individual 0 Corporate Officer ntle(s): ___________ _ 0 Partner -□ Limited □ General □ Attorney-in-Fact □ Trustee 0 Guardian or Conservator RIGHT THUMBPRINT OF SIGNER D Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual 0 Corporate Officer ntle(s): ____________ _ □ Partner -□ Limited O General □ ,Attorney-in-Fact !3'Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER D Other: ________ Top of thumb here Signer Is Representing: C 1994 National Notary Associa110n • 8236 Aemmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Cah Toll-Free 1-800•876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of Cf/ c1 ro11-tJ1 t1 On __,l_,( .... 7_· _"t_· ..:..9'_,c,."'--__ before me,--"-'--'=-'---':-:--~--:--?=-. -'-/t-..,.,..l_C/:-.f--:-O-'-/V-"':-:-::-c/1/i:---'o"-r-'--'4-n~ Date Name a Title of Officer (e.g., "Jane Doe, Notary Publicj personally appeared _ _..(Y/--'-A-fl---'-'--"-+---'B'----~P,_c...,_v_c;~r~c+,=,-,-;-,c--:-,:-----------~ -+ i4ame(s) of Signer(s) □ personally known to me-OR-p{proved to me on the basis of satisfactory evidence to be the person(s) whose namef&) islaF&subscribed to the within instrument and acknowledged to me that Ae/sheARey executed the same in Rielherltl!eir authorized capacity~). and that by a a a a a a o a a a a o a *f 1 ati· ··.:.;.:--. JEFFREY PAUL ALLISON : -1:lis/her/ll!eir signature($) on the instrument the person(-&), or the entity upon behalf of which the person(,&j-acted, executed the instrument. < , ,._ ¾, \ COMM.# 1060174 z z ; -?:. ' • : Notary Public -Callfomla ?. z •~• 4 • ORANGE COUNTY ( I ·•, . · My Comm. Expires JUN 9, 1999 ...... ,,.,.,,., WITNESS my hand and official seal. ------------OPTIONAL------------ Though the lnfonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document litle or Type of Document: __________________________ _ Document Date: ___________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ □ Individual □ Corporate Officer litle(s): ___________ _ □ Partner -□ Limited □ General □ Attorney-in-Fact □ Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: Signer's Name: ___________ _ □ Individual □ Corporate Officer litle{s): ____________ _ □ Partner -□ Limited □ General □ ,Attorney-in-Fact IY'Trustee □ Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: ________ Top of thumb here Signer Is Representing: C 1994 NatiOnal Notary Association• 8236 Remmel Ave., P.O. Bo11 7184 • Canoga Pan<, CA 91309-7184 Prod. No. 5907 Reolder: Call Toll•Free 1-800-876-6827 EXHIBIT "A" "BRESSI PROPERTY" Order No: 997974 15 PARCEL A: Exhibit --A" Pagelof4 DESCRIPTION PARCl!L l OF PARCEL MAP l.763, IN THE CITY OF CARLSBAD, Comrt'Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCOR.DING TO Mi\P Ti!EREOF FILED :rn THE OFFICE OF THE COONTY RECORDER OF SAN DIEGO COONTY JvLY 20, 1973, BEING A DIVISION OF A PORTION OF LOT A OF RANCHO llGtlll. !lliDIOl'IDA, ACCORDI?IG TO MAP THEREOF NO. 823 FILED IN THE OFFICE. OF THE C01JNTY RECORDER OF SAN DI:i.GO comrrr .l!lO'VmmER 16, l.896. TOGS'IHE:R WITH THA:t' l?ORTION OF SAID LOT A OF AANCHO JIGm. HEDIO!llDA LYING NORTHERLY OF THE NORTHERLY BOmlDAR.Y OF SAID l?Al!.Cl!L ~ .l. 763 1IRD LYING SO!JTHERLY Oil THli: aNTRR Lil'IE OF THE commr ROlllJ AS SHOWN 01!! CUbl!!l.i ROAD stlRVEY NO. 757 ON FILE IN' THE OFFICX ov·nm COUNir lmGL."IEER OF SAID Cotll'IT'l. JliI'I SASEMSN'l' ANO RIGHT OF WAY FOR INGRl!SS JliI'ID SGRESS FOR ROAD .IU'ID PCBLIC OTILITY PORPOSES OVER, mmmt, AI-ONG Ami ACROSS 'nm WKSTBRLY 30 .00 FlmT OP PARCEL 2 OF PARCEL IIIAP NO. l.763, Il'I THE CITY OF CAALSl!.AD, C0llNTY OF SAN DIS:GO, •STAn: Oi' . CALIFORNIA, ACCORDI!lG TO MAP TH!!UOF PILED IN' n!E OFn:CE OF THE COOl'ilz RBCORDSR . OF SAN DIEGO COONTY Jt!LY 20, 1973, BE:rnG A D:tVISION OP' A PORrION OF LOT •A• OF ·Mm:Ho .1\GaA HEDIOl'IDA, · ACCC!UlDIG TO ~ THE.U,CF SO. 823, P'ILEt> ·IJil 'rHB OFP'IC:S ·OF n!li: CoPNTY RECORDS.II. OF SAN Dr:&:GO COO?ITY, NOV:&:!IIBB.11. 16, l.B96. A l'ARC:.:L OF LAm) Bli::mG A PORTION OP' WT S OP RANC!iO AGl:IA Hli:IIIONllA ACCORDDIG TO ~ THlllUCOF NO. 823 PILED nr TH!! OFFIC:S: Oil' 1'!!E COONTY REC:O!UlSR OP' SM t>llGO· COONlt, STATS OF CALIFOlUIU, LYil.'IG l!IORTH:&:RLY OF THE SOO'I'li2RLY LOT Lm OF SAID LOT"B AN!) S001Hlil<i.Y 011 Tim ClmT2R LINll OF l!0AO mY NO. 757 Cl!! F:CLE I1'I THE Oi!FICS: OF THE cOU?l'n DGinmt OF SAID SM DIJIGC, CCUliti, SAID STATS OP' CALIFORNIA, LOCATED Il'I THE crrr OF c.MLSBAD, m nm COONU" Oi! SAN t>IEGO, ST.M'S OF CALIFORN.IA, M:)RII l?ARTICULAALY· DiSOUllml AS 110I.Un!S: COMMSl'ICING AT 'tlm NORTHEAST CORNER OP R.:&:C:ORI) 01' SURvii 1'10. 5456 ON FILli: I1'I THE OFF.ICE .OF Tim COt7l!ITY R.iCORDli:R OF SAN· t>I:BGO COOlffY, 8A;D COIUmR BSil'IG ON THB .-NORTBBRLY LDm OP' UJT A OP' SAI:ll :RANCIIO .JUm THS Cll?ITBR LI?m OF SAID ROA!) SOllWY NO. 7S7; THBl.'la mG SAIi) l'IOR.THi.11.LY I.Il.'ll. AND AL01'IG SAID CSNb,k Lnm, SOO'l'21 79• ·3_6' 3l• WEST, 1077.36 P1lllT TO THZ Tmm POil'IT OF BEGll!iNING, SAID POil'IT BS:ING T!iB :SSGI?IRil'IG OF A~ 3000 FOOT DDIUS CURVl>, com:AVK 1'0R'l'HERLT; 't'HlmCE :tli:AV'Il!IG. SAID l!IOR:tB!mLY I.Il!li ANll 'NESTGLY ALON'G SAW CBluAA Lll!B Am:I ALONG nm JUl.C 011' SAID C!lRV2 '1'HR0CGH A Citn'RAL Almt.i OP 26° 57' 27•, A ll:tS'l'JU'CS Oi! 1411.49 FEli:T TO A POil!IT OF CtlSP TO WHICH A RADIAL L:tml B!IARS SOOTH 16° 33' 59• WEST, SAID POINT BEING 05 SAID l'I0.11.TlmRLY Liml; IB&NCB ALOl'iG SAID !IIOR.TH!lRLY LmE, SOOTH 13° 26' 01• KAST, 719.06 PUT TO All ANGLS POil!IT; T1ilmCE NOR.'nl: 73• 36' 32• WT, 7-l9 .06 Fl.ET TO nm TRtiB PO!lff OP BEGimlil!IG. ALL 'l'HA:I' PORTION OF nm AANCl!O AGtm HiDIOffllA, Illf THI;; CITY 01" CARLSBAD, COQNU: 011' SAll t>Ili:GO, STATS OF CAr.IP'ORNIA, ACCOR.DING TO l!llll' THBRiOl!' ATTACHED TO Tim PA'.t'lm'I'._ DUD RSCORDBD APR.IL 21!, 1873 nr·BOOIC 1, PAGE l.SO OF .PATSl.'ITS, BOUffl)li:D A?ID DESCl<IBllD AS FOLLOWS: Exhibit ··A" Page 2 of 4 DESCRIPTION C~ING AT THE NORTHWEST CORN'liR OF LOT "B" OF SAID RANCHO JIGOA Hl,Il!m;DA AS SHOWN ON RECORD OF SORVEY MAP NO. S17, FILEll IN THE OFFICE OF THE COuNTY .RECORDER OF SAN DIEGO COOl'l'l'Y, OCTOBiR 30, 1935; TI!lmCE JU,ONG no;: Bom.--OARY OF _SAID LOT, AS SHOWN ON SAID M:<P l'IO. Sl7, SOOTH 89° 4S' EAST 5173.00 FiiliT TO THE SOOTHEAST CORNER OF LOT •o• OF SA!D RANCHO ~ l!EDIONDA; THENCE CONTI?IUING ALONG THE BOUNDARY OF SAID LOT •B•, S0'0'1'H 89° 53' EAST 2666.00 FEET, AND SO"CTH 0 • 3 2 ' l1.AST 2 6 5 5 • 2 FEET TO A CORNER T!ll!RiOF ; nmNo: LEAVING SAID BDmlDARY, . _SOOTH 54° 15' 33" WEST 326.48 FEET (Rli:CORD SOUTH 54° 24' WEST 325.4 i;EET); nml'ICS SOOTH so• 55' 35• Wli:ST 1788.65 Flil:T (RSCORD SOOTH 51° 04' WEST 1788.2 . -FEJ:T); THENCE SOOTH 1.• 28' 2-l" WEST 797.30 FEET (RSCORD SOOTH 1° 36' Wl!ST 787.l FEET); THKNCE SOOTH 10° 46' 15" WEST 2891.38 FEET (RECORD SOOTH 10° S4' WEST 2890. 6 FEET) TO A POIFr ON Tim SOOTHlf!!ST2RLY LINE OF SAID u:n: •B·, _BEING ALSO A _POil!IT" ON nm cmffER Lim! OF rn COmrrY ROAD AS SHOWN ON nm MlU' OF CCUNI! ROAD SOJMn'· NO. 582 (KNOWN AS COtlNTY ROAD A-13), A PLAT OF Wille! IS ON FILZ IN TH!il 017FIC!i: OF THE COONTY l!XCORDSR OF S.;N DIEGO comq,n; I!ili!NCS ALONG T!IR SOO'I'IMiSTERLY BOUNDARY OF SAID rm 'B • , Al'ID ALQlqG SAID CENTER LINE OF COONTY _ROAD SO'ltVEY NO. 682, SOOTH 38° 38' 25" l!AST (RSCORD SOOTH 39• 35' EAST) 1047 .69 FEET TO ITS INT:&:RS£CTION WITH THE 'lll!STSRLY PROLOl!IGATJ:ON OF THAT C.:Rl'..uN COORSE · IN TH£ SOOTHERLY BOONtlARY OF SAID LOT 'B" WHICH IS SHOWN ON SAID RECORD OF S1l'R.VBT MAP NO. 517 ·AS c:ooRSi NO. •3•, AND IS DESIGNATED T!!E;o;;ON AS ID\.VING A _B:e:A'R.I?IG OF SOOTH 84• 38' WEST AND A LENGTH OF 21.08.12 FEI::T, SAID INTERSECTION Sli:XNG nm rn POINT OF BBl>JiNNDIG OF Tlm !!J:RltDI DllSOUBl>P P'R.OPERI'r; THl!NCB COlUIN□.:NG ALONG THE c:mtl!R LINi OF ~ CCUNli ROAD SORWY NO. 682, SOtl'I'H 3-8° 38' ~S• l1.AST 167 .52 Jra:&:T (Rli:C:ORD 167 .55 FSET) TO ITS Imli:t!S:&:CTION WITH THE c:s:im;:a LINS OF THE COtll.'ITr R0At) AS Sl!Olll'! ON THB ldlU' OP COtm'rY lU)JU) SORVn NO. 7~7 (KN01ffl AS COUNh ROAD A-20), A PLM OF 14HICH IS ON FILE IN THB Oi'l'IC!i: OF nm· COUNTY R.ECOlU)ER OP SAN D!li:GO COOiiq.; TB:&:NC!l ALONG SAID cmmR LINE, l!lORTH 7·5° 19' 42" U.ST 871.98 Fxrr (R:sCOllI) !IORT!t 75• 23' KAST 871.8 FEET) TO THE WEsnRLY T:&:RMilroS OF THE AFOR.EMSm'ICll'liD COORS!i: IN THE SotmmRLY BOt!NDAR.Y OF SAID · rm "B • AS SHOWN 01'1 SAID RECORD OF Stnl.WY l!IIIP NO. 51 7 WHICH IS llli:SIGl'lll:r'lm THEREON AS 'SOUTH 84° 38' WEST 2"108.12 FEET"; 'IHCICS ALONG T!!K WESTXRLY PROLONGATION OF SAID CO!lRSll:, Setm!: 84° 34' n• llli:ST A tlIST.ASCE OF 952 .41 FE1lT :TO THS TROli: POINT OF ai. .. nm.LNG. li:XCllPTniG THElU.FROM THAT PORTION DnDS:O TO THE CITY OP CAR.I.SBAJ:I BY DSED Rli:CORDSD ·AUGUST 2S, 1987 AS nu NO·. 87-482006 .Mil DBSCRIB!i:Il AS FOLLOWS: ALL THAT PORTION OF LOT •A• OF THE RMCHO AGtlA llliDIO?IIJA ACC:ORDDIG TO MJ1P nmllBOF NO. 823 Fm :m THE OFP'ICK OP THE Cotmn' Rl>C:ORD!illl. OF SAIi' DIEGO COONu, NOVEMBER lG, 1.896, IN THE CITY OP CJUlLSBAD, COO?ITY OP SAN DIEGO, srAff OF CALIFORNIA, . BSING MCRX P.ARTIC011U,Rl.Y. tlBSCRil!lm AS POI.LOWS: Bli:GINNI!SG AT A POil'IT O.l'I THB l'IOR.TH:&:IU.Y i:.nn;: OP SAID LOT .'A" AT THE INT3RSSCTION WITH THE NORTHERLY RIGHT OF WAY OF ~ALOMJIR AIRPORT ROAD AS SHOWN ON .ROAD SllRWY NO. 757 PIL!i:D I.N THE OFFIOl OF THS COO!ITY RBCORDBR OF SAN DIEGO Comn-Y; THBNCli: ALONG SAID NORTHERLY LINE SOOTH as• 02' 03• W.:ST 722.l.3 PEST TO THE . mri.RSJZCTION WITH NORTB'ERLY RIGHT OF WAY OF SAID ROAD SOlMtt NO. 757, SAID . POil'IT BUNG ON A ?roN-T.lUIGBl'IT C!l'R.VE, COtfCAVB ~TSRLY Al'ID HAVING A RADit!S OF 318-.-90 Fli::&:T (3:Z0.00 l7iiT PiR ROAD $O'R.Vl;Y NO. 757), A RAOUL Lil'IS Tl!ROtlGK Exhibit "A" Page 3 of 4 DESCRIPTION SAID POINT BEARS NORTH 36° l.2' 24' E.l.S'l:; nr5NCE ALONG SAID ctmVo MID NORTHERLY RIGHT OF WAY: OF SAID RQAt) SORVEY l!IO. 757, nlll.OUGH A CENTRAL l<NGLB OF 50° 27' 5 2 '' AN ARC LENGn! OF 2 8 0 . 8 8 FEET; THEN Ci: TANGli:l'IT TO SAID CORVE , NORTH 7 S • 44 • 32" EAST 401.. 64 Fllll:T TO BEGI?m!NG OF -A TJ\NGE?iT CORV!i CONCAVl! SconmASTERLY .MD HAVING A RAOit!S OF 3,034.59 F:&:ET (3,030.00 FEET PER SA:I:D ROAD strn.Vl!Y l!IO. 757); 'IXENCli: ALONG SAID CORVB THROUGH A· c=lUU. ANGU: OF l. • l.3 ' 4 4" AN ARC LZNGTH OF 65.08 Flll>T TO THE PO:tl'IT OP BEGINNING. P.M.Cli:L ll: THAT PORTION OF rm "G" OF RANCHO .AGtlA H!i:IlIOl!IDA IN nm Cl:TY OF CJ\RLSa.ul, c:omr.y OF SAN DIEGO, STAff OF CALIFORNIA, ACCORDING TO PARl'ITJ:ON MlU' TH!lREOF NO. 823 FILBI) IN THE OFFICS OF "nm COOl'IT"t RECORDER OF s;la DIEGO CotmT'l DIZSCRIBED IN OBED TO THE COtm'I"l' OF SAN Dili:GO, RBCORllSll JU'lUL 3, l.9 7 4 IN SAlll R:li:CORDIZR' S OFFICli: AS FILE NO. 74-08301.5, L:£:mG lmSTBRLY OF Tlm iASTlraLY I,nn;: OF A STRIP OF WO 63 F£;;:T WIDIZ, Tlm WESfflLY um: OF SAIP STl!.IP OF LlUm BEING DESCRD!ED AS ... ou.ows, BEGINNING AT A POINT Ol'I THE li:AST AND WEST Cli:m'S!l. I.nm OF SECTION 26, TOWNSHIP 12 SOOTH, RANGli: 4 ll'EST, SW B:&:RNMDINO BASE MD M!!RIDIAN, DISTANT Tl!ER.li:ON, 1.109 .11.··ns-r lUISTERLY "i'ROM 'i:im CSl.u:Elc. vF ·SECTION 26,·-sA:lJ POINl' HAVING · .. ·····--· COORDil!!AffS N EQUALS 341,927.67 .llND E EQCJ\LS l.,688,972.96 OF nm' CALI'i10RNIA CCORDI!fAff SYSTEM GRID zom; 6; nmm:s ALO?ro BEA!Ul'IGS· Am) DISTJU<!CSS BASX!l ON SAID CALIP'Ol!NUl. COORD.llGl'E SYSTEM zom: 6 AS i'OLLOWS : NOIU'S 7 ° 3 5 ' l.l. • WEST, l.067.l.9 FEET TO THS BSGINNING OF A T;.iqt;DT C!lRVi TO Tlm LEFT Kll.vr.lG A RADit!S OF l.800 PSST; nmm::x NORTHWESTERLY AI.Qh-0 SAID COltVE TR!l.OOGH A CliNTRAL ~ OF 25° 2S'. 30•, A DISTJINCB OF 79a. 75 Y/raT; t1!XNO TANGli:NT TO SAll> c:cmn;:, NORXH 33° 00' 41 • W.:ST, l.603. 06 FEET TO Tim Bli:Gim!I?IG OF A TJ!?!Gli:m' c:tlRVB TO Tim RXG!iT Hl'.VIlilG A RADIUS OF 1500 PiraT; 'lHBltCll l!IORTHWIISTl!RLY, NORTHERLY .MD l!IOR.TBEASTERLY ALONG SAID CtJRVS ·OUUJ0GH A CDTRAL Jll'IGLE OF 70° 04' 37", A IlISTJINCl> OF l.834.61 P'iET; T!G:NClZ TANGENT TO S1'IJJ CORVI!, NORTH 37• 03' Sa• RAST, l.344 .4S FE&T TO Tim SEGINNIBG OF _A~ CCRVB TO THE Lli:i'T HAVING A RAD:rtrS OF l.800 i'li:ET; THl!l'ICS · IIO~RLY ANO l!IOR.THBRLY Al,ONG SAID cmtv2 THROOGH A CBNTlUIL MGU OF 2 S • S4 ' 36•, A DIS"DWO: OF 908.23 FKl!T; TmmC:&: TAliGlmT TO SAID CCRVE, l!IOR'IR 8° 09' 20" RAST, l.!186.45 FEST TO TlDZ BEGilitUNG VF A 't.l\!IGENT ~ TO THli: Lli:PT HAvntG A RllDit!S OF lOOO Fl!liT; -nm!IICE ·troRTHl!RLY A!ID l!IORTHWESTERLY ALONG SAil) ctlRVli: THROUGH A Cl!NT1!AL ANGLE OF 46° 2l.' is•, A DIS'I'M!CR OF l.618 .07 FE..T; n!XNCS TANGENT TO SAID CORVE, NORTH 38° l.l.' 55• W.:ST, 301.4.98 ·n.:T TO Tl!B l3i.Gilfflnlt; OF A -'tlUIGlmr etm.vi: TO 'nm R.IGHT BAV'I?IG A RJ\D:ttlS OF l.800 FUT; THZNCI NORTHWESTERLY -.IU,Ol'IG SAID Ct!RVB, 't'MR00GH A -Ci:l'ITRAL ~ OF is• 29' oo•, A DISTJU!Cli: OF 486 •. 42 FSST; 'I'HSNCE TANGENT TO SAID COl.:NE, NORTH 22• 42' 55• WEST, 403.31 FSST TO T.!!E BEGI?ml:NG OF A TA?IGDT Ct7RVli: TO T!m X.SFT WI.VDIG A AADI'O'S OF l.800 i'li:ST; THli:NC!i: · NO!U'HWESTSRLY ALOl'IG SAID c:tlRVK THR.OOGH A Cml1IAL ANGLE OF 51° 41' 45", A ·DISTJ\NC:E OF 1624.07 F:&:ST; THlmCS TJUlGli:NT TO SAID CIJRVli:, NORI'H 74• 24' 40" Wli!ST, . 917 .30 FBET TO TH2 BEGillNUG OP' A T.MGll'm' CCRVE TO THE !UGHT HAVIIIG A RJUJit!S OF 2000 FEET; nnmci;: !IOII.THWESTSRLY .ALO!IG SAID C!lRVII TliR.OOGH A Clm'l'RAL Al1GIJ, OF 21 • 53, ll.", A DISTA?ICE OF 763.98 FS&T; T!!E?ICS "t»lGml" TO SAID CtJR:Va, NORTB 52° Jl.' 29• WIZST, l.052.84 FBE'I' TO-Tim BEGINN!l(G OF A T.IU'IGl>m' CtJRVS TO Tl!B LEFT BAVlllG A RADIUS OF 3S00 FS&T; ·T!!lmCll NORL'HWESTBRtY ALONG SAID Ct:IRVE THROOGH A c:sm'RAI, ANGU: OF .5 • lO • 24 • A llISTA!fCS OF 316. 02 Fl!ET TO A POilff WHl:C!i B2ARS SCCTH 32 • · u, 07• WSST, 86.4S F:sST P'RCM A 3/4 UOI PIPS l'lllmNG THE com,,. >'OilffS; POUT Exhibit "A" Page 4 of 4 PESCRIPTION :I. OF LOT "E" AND· PO:Z:NT ll. OF u:,r •a• OF RANCHO AG0A !!EDIONOA, ACCORDING TO ~ -ntl;:REOF NO. 823 F:t:LRD IN nm OFFICK OF nm COONu RECORD£R OF SAN OI:SGO COtmTY, SAJ:D. COMlllON POINTS HAVJ:l!ro COORDim:ri:s If l:QOlU.S· 357, 861.S9 Affll E E:Q1llU.S · ... 1;682,720.26 OF SAID CALIFORNIA COORDINATS SYSTml! ZONE 6. EXCE:PTll'IG Tl!ERS.FROM THAT· PORT:Z:Ol!I THEREOF LY"Il'IG l'IORTHRRLY Aml NORTHWESTERLY OF A :50 FOC'r RAOms CORVE, COl.'ICAVli: Soonmll.STSRLY. THB SOOTHW2STERLY n;:RMINt7S OF . SAID CORVE BEil'IG ITS PO:Z:NT OF TAIIGbl:Y WITH nm ZASTERLY Lil!llZ OF SlUD STRIP OF :uwIJ,63 FiET WIDE.A.'ID THE l'IOll.THEAS'I'ERLY TlZRM:r.WS OF SAID CDRVE BEI?lG ITS POINT OF. TJU'IGlmCY lfITH A LIN!! . THAT IS PAl'JIII,Rt. WITH .Al'ID DIS'l:llNl" 63 FEET A:l' RIGHT ~s sobx&RLY i'ROM THE c:El'ITRR. Lillll! OF ROAD SORVXY· NO. 7S7 OF TBli: COC?l'l'Y OF : w· JJI:SGO Oil:SCR.t:Bi.tl Il'I Wnmlt TO SAI!) .c:om:rrr -RJ;CORDJ;;O m. BOOK 1069, PJIGE ·,ss OF SJUD· OPFICIAL RECORDS •. . , EXHIBIT "B" "CRI PROPERTY" Exhibit "B" Page 1 of3 LEGAL DESCRIPTION ORDER NO. 1043792-6 THE LA.ND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, A.ND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTION 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CI':'Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED" "RCE 9416", ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 0°52'06" EAST ALONG THE WEST LINE OF SAIV SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0°03'46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A NONTA.NGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64°50'40" EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CtJRVE THROUGH A CENTRAL ANGLE OF 21°00'00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85°50'40" EAST 92.05 FEET; THENCE NORTH 4°09'20" WEST 688.38 FEET; THENCE NORTH 85°50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0°20'46" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH O 0 4 2' 3 7" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 FiET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68°33'29" EAST ALONG SAID CENTERLINE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5 ° 3 9' 0 5" A DISTANCE OF 591.81 FEET; THENCE NORTH 74°12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0°39' 40" WEST ALONG SAID EAST LINE A DISTANCE OF 2492. 52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0°08'36" WEST ALONG THE EAST LINE OF'SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE Exhibit "B" Page 2 of 3 ORDER NO. 1043792-6 WESTERLY HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 8 9 ° 4 5' 16" WEST ALONG THE SOUTH LINi:: OF SAID WEST HALF OF THE NORTHEAST QUARTER A DIST.".NCE OF 1308.48 FEET TO THi:: NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0°20'46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DIST.".NCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89°46'50" WEST ALONG THE S0UTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO. 3, MAP NO. 7076, A DIST.".NCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF T:C:::: SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BER.."IARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY A.'IID NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 2 4; THENCE NORTH 8 9 ° 3 7' 4 7" WEST .!I.LONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0°42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89°17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY .ZI.LONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°17'44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 32°00'00" EAST A DISTANCE OF 425. 00 FEET TO THE BEGINNING OF A TANGENT 700. 00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;"THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'00" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46°20'00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON- TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST A. DISTANCE OF 120. 00 FEET TO THE BEGINNING OF A TANGENT 900. 00 FOOT Exhibit "B" Page3of3 ORDER NO. 1043792-6 RADIUS CURVE, CONCAVE NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO. 3; THENCE EASTERLY ALONG THE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1°44'50" A DISTANCE OF 27. 45 FEET TO A PO~'.!T IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. Exhibit "B" Page I of 3 LEGAL DESCRIPTION ORDER NO. 1043792-6 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTION 18 P~D 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CI':'Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH I:<.ON PIPE WITH A DISC MARKED. "RCE 9416", ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 0°52'06" EAST ALONG THE WEST LINE OF SAiu SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0°03'46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64°50'40" EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°00'00" A DISTAL'ICE OF 733.04 FEET; THENCE NORTH 85°50'40" EAST 92.05 FEET; THENCE NORTH 4°09'20" WEST 688.38 FEET; THENCE NORTH 85°50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUA!'lTER OF SAID SECTION 19; THENCE NORTH 0°20'46" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH 0°42' 37" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 FiET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68°33'29" EAST ALONG SAID CENTERLINE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'05" A DISTANCE OF 591.81 FEET; THENCE NORTH 74°12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTAN'CE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0°39'40" WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0°08'36" WEST ALONG THE EAST LINE OF.SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE Exhibit "B" Page 2 of3 ORDER NO. 1043792-6 WESTERLY HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89 °45' 16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF Of THE NORTHEAST QUARTER A DIST.Z\.NCE OF 1308.48 ?EET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0°20'46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DIST.Z\.NCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 8 9 ° 4 6' 5 0" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO. 3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS ?ILE NO. 77-0613081 OF OFFICI.ll,.L RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF TH::: .SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDI.ll,.N, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: ALL THAT PORTION OF THE SOUTHEAST QUA.~TER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNA.~DINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTh-WESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 2 4; THENCE NORTH 8 9 ° 3 7' 4 7" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DIST.ll,.NCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0°42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89°17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750. 00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°17'44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 32°00'00" EAST A DISTANCE OF 425. 00 FEET TO THE BEGINNING OF A TANGENT 700. 00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;"THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'00" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE A.~C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46°20'00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON- TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST A DISTANCE OF 120. 00 FEET TO THE BEGINNING OF A TANGENT 900. 00 FOOT Exhibit "B" Page 3 of3 ORDER NO. 1043792-6 RADIUS CURVE, CONCAVE NORTHERLY SAID CURVE BEING THE PROLONGATION Oc A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO. 3; THENCE EASTERLY ALONG THE .a.RC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1°44'50" A DISTANCE OF 2 7. 4 5 FEET TO A PO~'.IT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. EXHIBIT "C" "EASEMENT DESCRIPTION" J-11994 5620 Friars Road San Diego California 92110-2596 (619)291-0707 RICK ENGINEERlNG COMPANY ROAD EMBANKMENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS (BRESSI} By: TM/jb.014 Date: September 23, 1996 Page 1 of 4 Parcel A EXHIBIT "C" Legal Description TC Rat. ___ _ Co. ____ _ Order No. ___ _ Date ____ _ Oescr. ____ _ Rev.By ___ _ That portion of Parcel 1 of Parcel Map No. 1763, in the City of Carlsbad, County of San Diego, State of California on file in the Office of the San Diego County Recorder, more particularly described as follows: Beginning at the Southeast corner of said Parcel 1; thence along the Southerly line thereof North 89° 26' 46" West 1054.21 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line North 89°26'46" West 321.80 feet to hereon described Point "A"; thence leaving said Southerly line North 22°25'30" West 84.59 feet; thence North 70°21'16" East 49.98 feet; thence North 16°39'30" West · 73.63 feet; thence North 24 ° 16' 18" West 209.61 feet; thence North 06°01 '06" East 122.91 feet; thence North 06°00·01· West 51.72 feet; thence North 28°09'32" East 120. 78 feet to the beginning of a non-tangent 1349.00 foot radius curve concave Northerly, to which a radial line bears South 05°34'17" East; thence Easterly along the arc of said curve through a central angle of 03°26' 12" a distance of 80.91 feet; thence South 34°07'05" East 205.94 feet; thence South 18°48'08" East 170.01 feet; thence South 58°13'27" East 67.40 feet; thence South 10°59'47" East 66.72 feet; thence South 64°44'13" East 49.28 feet; thence South 18°50'55" East 108.16 feet; thence South 28°04'27" West 106.91 feet to the TRUE POINT OF BEGINNING. Parcel B Together with the following described temporary construction easement beginning at the above described Point "A"; thence along the Southerly line of above described Parcel 1 North 89°26'46" West 84.33 feet; thence leaving said Southerly line North 17°48'02" West 348.41 feet; thence North 28°09'32" East 224.29 feet; thence J-11994 5620 Friars Road San Diego California 92110-2596 (619)291-0707 RICKENGINEERINGC.0MPANY ROAD EMBANKMENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS (BRESSI) By: TM/jb.014 Date: September 23, 1996 Page 2 of 4 EXHIBIT •c• Legal Description TC Ref. ___ _ Co. ____ _ Order No. ___ _ Date ____ _ Descr. ___ _ Rev.By ___ _ South 06°00'01" East 51.72 feet; thence South 06°01'06" West 122.91 feet; thence South 24°16'18" East 209.61 feet; thence South 16°39'30" East 73.63 feet; thence South 70°21 '16" West 49.98 feet; thence South 22°25'30" East 84.59 feet to the Point of Beginning. Parcel c Also together with the following described temporary construction easement beginning at the above described TRUE POINT OF BEGINNING on the Southerly line of above described Parcel 1; thence leaving said Southerly line North 28°04'27" East 106.91 feet; thence North 18°50'55" West 108.16 feet; thence North 64°44'13" West 49.28 feet; thence North 10°59'47" West 66.72 feet; thence North 58°13'27" West 67.40 feet; thence North 18°48'08" West 170.01 feet; thence North 34°07'05" West 205.94 feet to the beginning of a non-tangent 1349.00 foot radius curve concave Northerly, to which a radial line bears South 09°00'29" East; thence Northeasterly along the arc of said curve through a central angle of 02°19'26" a distance of 54. 71 feet; thence South 34 °07'05" East 190.46 feet; thence South 18°48'08" East 158.82 feet; thence South 58°13'27" East 71.35 feet; thence South 10°59'47" East 63.25 feet; thence South 64°44'13" East 45.11 feet; thence South 18°50'55" East 151.03 feet; thence South 28°04'27" West 102.56 feet to the Southerly line of the above described Parcel 1; thence along said Southerly line North 89°26'46" West 56.38 feet to the Point of Begi .. n~~n~i ~~~ ·" \,AND ,//,, ,. ,. , •• • ; ~'V~~ v·,\· • .,,,,. ., -._.":-"' Q:il J:,... ~ ·r ~-(.J ~ ~. toOo".\ -tfo ~.,en · .•, ...I . ___ , "" Exp, 12-31-98 ;,,, J-11994 5620 Friars Road San Diego California 92110-2596 (619)291-0707 RICK ENGINEERING C'DMPANY GRANTOR'S RESERVATION By: TM/jb.013 Date: September 23, 1996 Page 3 of 4 Parcel P Exhibit "C" Legal Description TC Ref. ___ _ Co. ____ _ Order No. ___ _ Date ____ _ Oescr. ___ _ Rev.By ___ _ That portion of Parcel 1 of Parcel Map No. 1763, in the City of Carlsbad, County of San Diego, State of California on file in the Office of the San Diego County Recorder, more particularly described as follows: Beginning at the Southeast corner of said Parcel 1; thence along the Southerly line thereof North 89°26'46" West 1107.39 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line North 89°26'46" West 352.95 feet; thence leaving said Southerly line North 17°48'02" West 348.41 feet; thence North 28°09'32" East 345.07 feet to the beginning of a non-tangent 1349.00 foot radius curve concave Northerly, to which a radial line bears South 05°34'17" East; thence Easterly along the arc of said curve thorugh a central angle of 05°45'38" a distance of 135.63 feet; thence South 34°07'05" East 124.34 feet; thence South 88°05'51" West 21.55 feet; thence South 72°06'00" West 33.09 feet; thence South 03°31 '46" East 101.88 feet; thence South 14°39'03" East 200.99 feet; thence South 19°34'39" East 264.62 feet to the TRUE POINT OF BEGINNING. EXHIBIT "C" P.AIJE 4 OF 4 ZOO 100 0 SCALE 11= 200' p ;1J?c£L 1 PAACEL 'C' -~ TEMPORARY CONSTRUCTION EASEMENT RDS 9//? SE CORNER PARCEL I RICK ENGINEERING COMPANY CIVIL ENGINEERS• SURVEYORS• PLANNERS PLAT TO ILLUSTRATE i\1 -.... -.... 1:1' 5620 FRIARS ROAD, SAN DlEGO CA. 92110-2596 PHONE: (619) 291-0707 PROJECT NUMBER• I 1994 DATE, ·sEPTtMBER 23, 1996 ROAD EMBANKMENT, TEMPORARY CONSTRUCTION, AND GRANTOR'S RESERVATION . EXHIBIT "D" "PERMISSION TO GRADE LETTER" Mr. Lloyd Hubbs City Engineer CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Rancho Carrillo Mass Grading We are the owners of Assessor's Parcel Number located in the City of. Carlsbad, County of San Diego. Our property is located along the southerly boundary of Rancho Carrillo. We hereby grant pennission to the owners of Assessor's Parcel NumberZ/6~10-/Sto perform the necessary grading and construct improvements shown on the attached Exhibit "A". All work shall be performed in a good workmanship manner to the specifications of the City of C_arlsbad and under the observation of a qualified soils engineer. c:\mso&e\~pds.doc