HomeMy WebLinkAboutCT 85-24; Faraday Center, LLC; 1998-0010711; Easement002111
. - RECORDING REQUESTED BY ,: Faraday Center, LLC
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
fee as it is to the benefit of the
Please record the document at no
District (Gov. Code [6103].)
DOC # 1998-0010711
Jan 08, 1998 4-46 PM
Space above this line for Recorder's use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 212-120-25.212-120-26
Documentary transfer tax is $o.oO Project No. & Name 96-233. Lots 50 and 51. Carlsbad
( ) computed on full value of property conveyed, or Tract 85-24. MaD No. 11011, Carlsbad Research
( ) computed on full value less value of liens and Center Corner of Colleae. Faradav. Aston. and
encumbrances remaining at time of sale. Rutherford
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT
receipt of which is hereby acknowledged.
WILLIAM E. PLUMMER, District Engineer
GRANT DEED OF WATER LINE EASEMENT
FARADAY CENTER, LLC, a Delaware limited liability company
does hereby grant to CARLSBAD 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, 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 01/20/97 Rev.
1092
~.
.devices, 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
and/or 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 day of &,Ab
1947.
GRANTOR
FARADAY CENTER, LLC, a Delaware limited
liability company
By:
L/ (fgn here)
(title of signatory) I4"" G*gq ..s AmJ?;,
(title Of signatory)
APPROVED AS TO FORM:
GENERAL COUNSEL
RONALD R. BALL
By: //- (Notarialkknowledgement of execution of GRANTOR must be attached.)
CMWD 96-233
2 01/20/97 Rev.
1093
.. KOLL REAL ESTATE GROUP
LOTS 50 AND 51, C.T. 85-24, MAP NO. 11811
C.M.W.D. 96-233
JUNE 10, 1997
PAGE 1 OF 4
EXHIBIT ‘A’
CARLSBAD MUNICIPAL WATER DISTRICT
WATERLME EASEMENTS
A.P.N. 212-120-25 & -26
PARCEL ‘A’
ALL THAT PORTION OF LOT 50 OF MAP NO. 1181 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 19,1987, AS
A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE:
FILE NO. 87-276653, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 50,
ALSO BEING THE SOUTHWESTERLY LINE OF THAT 84.00 FOOT WIDE PUBLIC
SAID POINT ALSO BEING THE SOUTHEASTERLY TERMINUS OF THAT 1242.00
FOOT RADIUS CURVE AS SHOWN ON SAID MAP, CONCAVE
NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 24‘05’17” AND A LENGTH
OF 522.16 FEET; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT
50, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 09’31’01” A DISTANCE OF 206.30 FEET TO THE TRUE
POINT OF BEGINNING, THENCE LEAVING SAID NORTHEASTERLY LINE OF
SAID LOT 50 AND ALONG A RADIAL LINE TO SAID 1242.00 FOOT RADIUS
CURVE, SOUTH 30’42’14’’ WEST, 62.50 FEET; THENCE NORTH 56’37’21’’ WEST,
88.16 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT ‘A’; THENCE
CONTINUING NORTH 56’57’21’’ WEST, 18.37 FEET; THENCE SOUTH 35’23’04”
WEST, 38.16 FEET; THENCE NORTH 71’34’47” WEST, 15.31 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT ‘B’; THENCE CONTINUING NORTH
POINT HEREINAFTER REFERRED TO AS POINT ‘C’; THENCE CONTINUING
SOUTH 50’27’13’’ WEST, 274.71 FEET; THENCE SOUTH 39’33’13’’ EAST, 33.00
FEET TO A POINT HEREINAFTER REFERFED TO AS POINT ‘D’; THENCE
CONTINUING SOUTH 39’33’13” EAST, 143.73 FEET; THENCE SOUTH 71’34’47”
EAST, 168.72 FEET TO A POINT HERELNAFTER REFERRED TO AS POINT ‘E’;
THENCE CONTINUING SOUTH 71’34’47” EAST, 397.83 FEET; THENCE NORTH
18’25’39” EAST, 30.90 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT ‘F’; THENCE CONTINUING NORTH 18’25’39” EAST, 147.02 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘G; THENCE SOUTH 71’34’21’’
RIGHT-OF-WAY IDENTIFIED AS FARADAY AVENUE AS SHOWN ON SAID MAP,
71034’4r WEST, 216.73 FEET; THENCE SOUTH 50~’~’ WEST, 48.24 FEET TO A
1094
PAGE 2 OF 4
EAST, 43.16 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 50, SAID
LINE ALSO BEING THE WESTERLY LINE OF THAT 72.00 FOOT WIDE PUBLIC
MAP NO. 1181 1, SAID POINT ALSO BEING THE POINT OF TERMINUS.
RIGHT-OF-WAY IDENTIFIED AS RUTHERFORD ROAD AS SHOWN ON SAID
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL
BEGIN AT SAID NORTHEASTERLY LINE OF SAID LOT 50, AND SHALL
TERMINATE AT SAID EASTERLY LINE OF SAID LOT 50.
TOGETHER WITH STRIPS OF LAND 20.000 FEET IN WIDTH, LYING 10.00 FEET
ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER
LINES:
BEGINNING AT THE ABOVE REERENCED POINT ‘A’; THENCE SOUTH
33’02’39” WEST, 21.13 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘B’; THENCE NORTH
18’25’13’’ EAST, 22.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘C’; THENCE SOUTH
39032’4r’ EAST, 20.50 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘D’; THENCE NORTH
50’26’47” EAST, 20.50 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘F’; THENCE NORTH
71’34’21’’ WEST, 20.50 FEET TO THE POINT OF TERMINUS.
BEGENNING AT THE ABOVE REFERENCED POINT ‘G; THENCE NORTH
18”25’39” EAST, 176.70 FEET; THENCE NORTH 63O25’39” EAST, 17.75 FEET TO
THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENTS SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDE LINES^ SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED
CENTER LINES AT SAID POINTS OF TERMINUS.
PAGE 3 OF 4
PARCEL ‘B’
ALL THAT PORTION OF LOTS 50 AND 5 1 OF MAP NO. 118 11, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 19,1987, AS
A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 51,
ALSO BEING THE NORTHWESTERLY LINE OF THAT 72.00 FOOT WIDE PUBLIC
ALSO BEING THE NORTHEASTERLY TERMINUS OF THAT LINE WHICH BEARS
NORTH 53”14’18” EAST, 77.23 FEET AS SHOWN ON SAID MAP, THENCE ALONG
SAID SOUTHEASTERLY LINE OF SAID LOT 51, SOUTH 53’14’18” WEST, 69.46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHEASTERLY LINE OF SAID LOT 51, NORTH 36’45’42’’ WEST, 41.00 FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT ‘H’; THENCE SOUTH
53O14’18” WEST, 7.76 FEET TO THE BEGINNING OF A TANGENT 923.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°31’00”
A DISTANCE OF 201.63 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT ‘J’; THENCE CONTINUING SOUTKWESTERLY ALONG THE ARC OF SAID
923.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 12’38’23’’ A
DISTANCE OF 203.62 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH ll”36’19” EAST; THENCE NORTH 08’56’06” WEST, 92.46 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘K; THENCE CONTIMJING
NORTH 08O56’06” WEST, 396.1 1 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT ‘L’; THENCE CONTINUING NORTH 08”56’06” WEST, 158.53 FEET;
THENCE NORTH 18’25’13’’ EAST, 50.18 FEET TO POINT ‘E’ OF THE
HEREINABOVE DESCRIBED PARCEL ‘A’, SAID POINT ALSO BEING THE POINT
OF TERMINUS.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL
BEGIN AT SAID SOUTHEASTERLY LINE OF SAID LOT 51, AND SHALL
TERMINATE AT THE SOUTHERLY SIDELINE OF THE HEREINABOVE
DESCRIBED PARCEL ‘A’.
FILE NO. 87-276653, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING
RIGHT-OF-WAY IDENTIFIED AS ASTON AVENUE ON SAID MAP, SAID POINT
1096
PAGE 4 OF 4
TOGETHER WITH STRIPS OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET
ON EACH SIDE AND PARALLEL WITH THE FOLLOWG DESCRIBED CENTER
LINES:
BEGINNING AT THE ABOVE REFERENCED POINT ‘H; THENCE NORTH
53°14’18” EAST, 53.53 FEET; THENCE NORTH 26O01’35” WEST, 96.32 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘1’; THENCE CONTINUING
NORTH 26”OI ’35” WEST, 3.00 FEET; THENCE NORTH 63“58’35” EAST, 20.50 FEET
TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘1’; THENCE SOUTH
63O58’35” hST, 38.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘J’; THENCE NORTH
24’14’42” WEST, 19.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘K; THENCE SOUTH
81O03’54” WEST, 23.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘L’; THENCE NORTH
81°03’54” EAST. 18.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENTS SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED
CENTER LINES AT SAID POINT OF TERMINUS.
. : 1099
CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated 2s , 1942,
from FARADAY CENTER. LLC. a Delaware limited liabilitv comDanv to the
Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, 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. 773 of the Carlsbad Municipal Water District
adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer.
a”. R. 2&
ALETHA L. RAUTENKRANZ, Secretary \
CMWD 96-233
06/14/95 Rev.
.. I. 1100
STATE OF CALIFORNIA 1
On ~$a$~& before me,
NAME AND TITLE OF OFFICER
personally appeared
NAME(S) OF SIGNER@) "
personally known to me - OR - " proved to me on the basis of satisfactory evidence to be the penon(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized 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.
WITNESS my hand and official seal
(This area for official notary seal.)
Title or Type of Document
Date of Document 7/LF/0-7 No. of Pages 2 L7la&ad.\d
Signer(s) other than named above Las& I). Sdrecc
CMWD 96-233
06/14/95 Rev.
,.
STATE OF NEW YORK ]
COUNTY OF NEW YORK ]
ss
I101
On the 25 September 1997, before me, the undersigned, a Notary Public in and for said State,
personally appeared Lucinda D. Scheer, personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within instrument as Vice President
of The Guardian Lie Insurance Company of America, the Corporation that executed the within
instrument and acknowledged to me that such Corporation executed the within instrument pursuant
to its by-laws or a resolution of its Board of Directors.
WITNESS My Hand and Official Seal
RECORDING REQUESTED BY
Faraday Center, LLC
AND WHEN RECORDED, PLEASE
MAIL TO
Carlsbad Municipal Water District
5950 El Camino Real Carlsbad. California 92008
as it is to the benefit of the District
Please record the document at no fee
(Gov. Code [6103].)
A.P.N.: 212-120-25,212-120-26
DOC # 1998-0010712
Space above this line for Recorder's use.
Project No. & Name: 96-233. Lots 50 and 51. Carlsbad
Tract 85-24. MaD No. 11811. Carlsbad
Research Center. Corner of Colleae, Faradav. Aston. and Rutherford
SUBORDINATION AGREEMENT
(TRUST DEED HOLDERS)
LOTS 50 AND 51, CARLSBAD TRACT 85-24, MAP NO. 11811, CARLSBAD RESEARCH CENTER
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO (AN) EASEMENT IN THE
REAL PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT AlTACHES AND HAS THE
POTENTIAL EFFECT OF REDUCING THE VALUE OF
YOUR SECURITY INTEREST.
THIS AGREEMENT, made this d 6 day of , 199. by
FARADAY CENTER, LLC. a Delaware limited liabilitv comDanv
(Trustor/Owner)
hereinafter referred to as "Owner," owner of the land and
COMERICA BANK-CALIFORNIA, a California banking corporation
(Beneficiary)
1 05/21/96 Rev
1103
hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, FARADAY CENTER. LLC. a Delaware limited liabilitv did execute
(Trustor)
a deed of trust, dated Januarv 9
(Date)
,1997 to CHICAGO TITLE COMPANY, a corDoration
(Trustee)
as trustee, covering Lots 50 and 51 of Carlsbad Tract No. 85-24, Unit No. 4. in the Citv of Carlsbad. Countv of
San Dieao, State of California, accordina to Mar, Thereof 11811. filed in the Office of the Countv Recorder of
San Dieao Countv. May 19.1987, more Darticularlv described in Exhibits "A and "B attached hereto and made
a Dart hereof. (Brief Legal Description)
(See Exhibit "A & "B" for Detailed Description)
to secure a note in the sum of Nine Million, Two Hundred Fiftv Thousand Dollars ($ 9,250,000.00 ) dated
(Lien Amount)
Januarv 9, , 192, in favor of COMERCIA BANK-CALIFORNIA. a California Bankina CorDoration recorded
(Dated) (Beneficiary)
in the office of the County Recorder of San Dieao County on Februarv 7.1997
(County) (Date Recorded)
as File No. 1997-0057311
(FIP No.)
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENTIEASEMENTS
dated fh?,? , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as
"Easement Grantee," creating AN/THE EASEMENTIEASEMENTS more particularly described in EXHIBITIEXHIBITS -
of Official Records of said county; and
"A & "B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said EASEMENTIEASEMENTS provided the grant of
EASEMENnEASEMENTS 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 EASEMENnEASEMENTS created in favor of
Easement Grantee; and
2 05/21/96 Rev.
1104
WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said
EASEMENT/EASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENT/EASEMENTS 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
EASEMENT/EASEMENTS 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 EASEMENTlEASEMENTS 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 EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and understands that in
reliance upon, and in consideration of, this subordination of the grant of EASEMENT/EASEMENTS is being executed and
delivered, the EASEMENT/EASEMENTS 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
3 05/21/96 Rev.
1105
.-
I or entered into but for said reliance upon the subordination; and
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 EASEMENTlEASEMENTS in favor of
Easement Grantee above referred to
Executed by the BENEFICIARY this day of dovembw 1 19s
COMERICA BANK-CALIFORNIA, a California banking
BENEFICIARY:
corporation
By: / @hobZ‘ed signature)
(name)
By: G-
(authorized signature)
Executed by the OWNER this d 5“
of k&+e,be-r ,1991
OWNER:
FARADAY CENTER, LLC, a Delaware limited liability
day
company
By: ‘ ({uthorized signature) -
(name)
LUCINDA D. SCHFFR
j va fRESMBbwI1&7E& ESTATE
I..
(title)
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
OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form:
Ronald R. Ball, General Counsel
(Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.)
4
CMWD 96-233
05/21/96 Rev.
1106
KOLL REAL ESTATE GROUP
LOTS 50 AND 51, C.T. 85-24, b.IAp NO. 1181 1
C.M.W.D. 96-233
JUNE 10, 1997
PAGE 1 OF 4
EXHIBIT ‘A’
CARLSBAD MUNICIPAL WATER DISTRICT
WATERLINE EASEMENTS
A.P.N. 212-120-25 & -26
PARCEL ‘A’
ALL THAT PORTION OF LOT 50 OF MAP NO. 11811, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 19,1987, AS
A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 50,
ALSO BEING THE SOUTHWESTERLY LINE OF THAT 84.00 FOOT WIDE PUBLIC
SAID POINT ALSO BEING THE SOUTHEASTERLY TERMINUS OF THAT 1242.00
FOOT RADIUS CURVE AS SHOWN ON SAID MAP, CONCAVE
NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 24’05’17’’ AND A LENGTH
OF 522.16 FEET; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT
50, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 09’31’01’’ A DISTANCE OF 206.30 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE OF
SAID LOT 50 AND ALONG A RADJAL LINE TO SAID 1242.00 FOOT RADIUS
CURVE, SOUTH 30’42’14‘’ WEST, 62.50 FEET; THENCE NORTH 56’57’21’’ WEST,
88.16 FEET TO A POINT HEREiINAFTER REFERRED TO AS POINT ‘A’; THENCE
CONTINUJNG NORTH 56’57’21’’ WEST, 18.37 FEET; THENCE SOUTH 35’23’04”
HEREINAFTER REFERRED TO AS POINT ‘By; THENCE CONTINUING NORTH
71’34’47” WEST, 216.73 FEET; THENCE SOUTH 50”27’13”WEST, 48.24 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘C’; THENCE CONTINUING
SOUTH 50”27’13” WEST, 274.71 FEET; THENCE SOUTH 39’33’13’’ EAST, 33.00
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT ‘Dl; THENCE
CONTINUING SOUTH 39’33’13’’ EAST, 143.73 FEET; THENCE SOUTH 71”34’47’’
EAST, 168.72 FEET TO A POlNT HEREINAFTER REFERRED TO AS POINT ‘E’;
THENCE CONTINUING SOUTH 71’34’47” EAST, 397.83 FEET; THENCE NORTH
18’25’39” EAST, 30.90 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT ‘F’; THENCE CONTINUING NORTH 18’25’39” EAST, 147.02 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘G‘; THENCE SOUTH 71’34’21’’
FILE NO. 87-276653, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING
RIGHT-OF-WAY IDENTIFIED AS FARADAY AVENUE AS SHOWN ON SAID MAP,
WEST, 38.16 FEET; THENCE NORTH 71034’47’ WEST, 15.31 FEET TO A POINT
1107
- .I
PAGE 2 OF 4
EAST, 43.16 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 50, SAID
LINE ALSO BEING THE WESTERLY LINE OF THAT 72.00 FOOT WIDE PUBLIC
MAP NO. 1181 1, SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL
BEGIN AT SAID NORTHEASTERLY LINE OF SAID LOT 50, AND SHALL
TERMINATE AT SAID EASTERLY LINE OF SAID LOT 50.
RIGHT-OF-WAY IDENTIFIED AS RUTHERFORD ROAD AS SHOWN ON SAID
TOGETHER WITH STRIPS OF LAND 20.000 FEET IN WIDTH, LYING 10.00 FEET
ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER
LINES:
BEGINNING AT THE ABOVE REFERENCED POINT ‘A’; THENCE SOUTH
33’02’39” WEST, 21.13 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘By; THENCE NORTH
18’25’13’’ EAST, 22.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘C’; THENCE SOUTH
39032’4~’ EAST, 20.50 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘D’; THENCE NORTH
SO”26’47” EAST, 20.50 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘F’; THENCE NORTH
71°34’21”WEST, 20.50 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘G‘; THENCE NORTH
18’25’39” EAST, 176.70 FEET; THENCE NORTH 63’25’39” EAST, 17.75 FEET TO
THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENTS SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES. SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED
CENTER LINES AT SAID POINTS OF TERMINUS.
1108
PAGE 3 OF 4
PARCEL ‘B’
ALL THAT PORTION OF LOTS 50 AND 51 OF MAP NO. 1181 1, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIq AS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 19,1987, AS
A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE:
FILE NO. 87-276653, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 51,
ALSO BEING THE NORTHWESTERLY LINE OF THAT 72.00 FOOT WIDE PUBLIC
ALSO BEING THE NORTHEASTERLY TERMINUS OF THAT LINE WHICH BEARS
NORTH 53”14’18” EAST, 77.23 FEET AS SHOWN ON SAID MAP; THENCE ALONG
SAID SOUTHEASTERLY LINE OF SAID LOT 51, SOUTH 53’14’18” WEST, 69.46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHEASTERLY LINE OF SAID LOT 51, NORTH 36’45’42” WEST, 41 .OO FEET
TO A POINT HEREINAFTER REFERRED TO AS POINT ‘H; THENCE SOUTH
53’14’18” WEST, 7.76 FEET TO THE BEGINNING OF A TANGENT 923.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 12”31’00”
A DISTANCE OF 201.63 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT ‘J’; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID
923.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 12”38’23” A
DISTANCE OF 203.62 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
SOUTH 11’36’19” EAST; THENCE NORTH 08’56’06” WEST, 92.46 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘K; THENCE CONTINUING
NORTH 08°56’06” WEST, 396.1 1 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT ‘L’; THENCE CONTINUING NORTH 08”56’06” WEST, 158.53 FEET;
THENCE NORTH 18”25’13” EAST, 50.18 FEET TO POINT ‘E’ OF THE
HEREINABOVE DESCRIBED PARCEL ‘A’, SAID POINT ALSO BEING THE POINT
OF TERMINUS.
RIGHT-OF-WAY IDENTIFIED AS ASTON AVENUE ON SAID MAP, SAID POINT
THE SIDELKNES OF SAID EASEMENT SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS, SHALL
BEGIN AT SAID SOUTHEASTERLY LINE OF SAID LOT 51, AND SHALL
TERMINATE AT THE SOUTHERLY SIDELINE OF THE HEREINABOVE
DESCRIBED PARCEL ‘A‘.
1109
PI\GE 4 OF 4
TOGETHER WITH STRIPS OF LAND 20.00 FEET IN WIDTH, LYISG 10.00 FEET
ON EACH SIDE AND PARALLEL WITH THE FOLLObD-G DESCRIBED CENTER
LINES:
BEGINNING AT THE ABOVE REFERENCED PODT ‘H; THENCE NORTH
53”14’18” EAST, 53.53 FEET; THENCE NORTH 26”01’35” WEST, 96.32 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT ‘1’; THENCE CONTINUING
NORTH 26O01’35” WEST, 3.00 FEET; THENCE NORTH 63’58’35” EAST, 20.50 FEET
TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POIN’ ‘1’; THENCE SOUTH
63O58’35” WEST, 38.00 FEET TO THE POINT OF TERMJXJS.
BEGINNING AT THE ABOVE REFERENCED POIST ‘J’; THENCE NORTH
24’14’42” WEST, 19.00 FEET TO THE POINT OF TERMISUS.
BEGINNING AT THE ABOVE REFERENCED PODIT ‘K’; THENCE SOUTH
81”03’54” WEST, 23.00 FEET TO THE POINT OF TERMNUS.
BEGINNING AT THE ABOVE REFERENCED POINT ‘L’; THENCE NORTH
81”03’54” EAST, 18.00 FEET TO THE POINT OF TERMNUS.
THE SIDELINES OF SAID EASEMENTS SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO THE ABOVE DESCRIBED
CENTER LINES AT SAID POINT OF TERMINUS.
1112 ..
. ..
STATE OF CALIFORNIA 1
COUNTYOF ran ISS.
On ‘/!k)!q 7 before me,
DA E NAME AND TITLE OF OFFICER
personally appeared
NAME@) OF SIGNER@)
personally known to me - OR - ’’ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir
authorized 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.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document &urdiA&dh AarcevrlevL&
Date of Document 9 /as /V No. of Pages LJ
Signer(s) other than named above Lwnq Sheer
CMWD 96-233
06/14/95 Rev.
STATE OFNEW YON ]
COUNTY OF NEW YORK ]
ss
On the 25 September 1997, before me, the undersigned, a Notary Public in and for said State,
personally appeared Lucinda D. Scheer, personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within instrument as Vice President
of The Guardian Lie Insurance Company of America, the Corporation that executed the within
instrument and acknowledged to me that such Corporation executed the within instrument pursuant
to its by-laws or a resolution of its Board of Directors.
WITNESS My Hand and Official Seal
&Xaly Public, State of New Yo* MARIA ISABEL MACHAW
NO. 48061 79
Commhkm trpiiea Ju)ySl, la hllfied in Kings CMtw
1114
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On Novrmbrt 5, 1997, before me, a notary public in and for said county and state, personally
appeared Paul Hayashi and Scott Duntley, personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity
on behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal
6k- V.' ,' Notary Public