Loading...
HomeMy WebLinkAboutMS 04-04; Franz-Loker LLC; 2006-0245413; EasementDOC# 2006-0245413 Co/v RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT APR 10, 2006 11:03 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G REG 0 RY J. S MIT H CO U N TY R E CO R D E R FEES: 23.00 DC: NA FAGES: 6 2006-0245413 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is SO.OOX^V^ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: Project No. & Name: Loker Business Center 209-081-01-00 MS 04-04 Public Utility Easement PR 05-26 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Franz-Loker, LLC, a California limited liability company hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PUBLIC UTILITY PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of two (2) pages, attached hereto and made a part hereof. Exhibit "B" consisting of two (2) pages is attached for clarity only. DATED £-9 Of Franz-Loker, LLC, a California limited liability company STATE OF CALIFORNIA COUNTY OF SAN DIEGO (Name of Company) On AC05 . before me, (here insert name and title of the officer), ~ personally appeared £W/e//t£. M. u personally known to me (or proved to me on the basis of satisfactory evidence) to be the personj#f whose name^ef is/are subscribed to the within instrument and acknowledged to me that he/sbe/triey executed the same in his/her/their authorized capacity(iss)-, and that by his/her/theSf signature(sT on the instrument the person£8)C or the entity of which the person(8facted, executed the inltn WITNESS my hand and official seal. £Signature: By: Name: Title: By: -Name' Patrick N. O'Day (Type or Print) Member (Type or Print) (Signature) UIPIOMOA CommMonftMUO) tan Dto0o County My Convn. tuplm May 6.2009 (Type or Print) (Type or Print) H:\0evelopment Services\PROJECTS\MS FILESWS 04-04 Loker Business Center - Van Peski\Deeds-Easements\GRANT DEED OF EASEMENT CITY (PR 05-26).doc REVISED 3/28/05 January 3, 2006 J.N. 031071-3 PAGE 1 OF 2 EXHIBIT "A" 4788 LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT MS 04-04 PR 05-26 A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 88°13'34" EAST 30.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTHERLY LINE, NORTH 88°13'34" EAST 20.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 02°37'33" EAST 123.29 FEET; THENCE SOUTH 25°07'33" EAST 43.71 FEET; THENCE SOUTH 02°37'33" EAST 58.04 FEET; THENCE NORTH 87°22'31" EAST 203.16 FEET; THENCE NORTH 02°37'29" WEST 136.33 FEET; THENCE SOUTH 87°22'31" WEST 26.88 FEET; THENCE NORTH 02°37'29" WEST 10.00 FEET; THENCE NORTH 87°22'31" EAST 15.63 FEET; THENCE NORTH 02°37'29" WEST 10.00 FEET; THENCE NORTH 87°22'31" EAST 11.25 FEET; THENCE NORTH 02°37'29" WEST 40.10 FEET; THENCE NORTH 87°22'31" EAST 20.00 FEET; THENCE SOUTH 02°37'29" EAST 149.34 FEET; THENCE NORTH 85°02'03" EAST 61.44 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 04°57'16" EAST 20.00 FEET; THENCE, LEAVING SAID EASTERLY LINE, SOUTH 85°02'03" WEST 57.06 FEET; THENCE SOUTH 04°57'57" EAST 177.57 FEET; THENCE SOUTH 85°02'03" WEST 20.00 FEET; THENCE NORTH 04°57'57" WEST 121.05 FEET; THENCE SOUTH 87°22'31" WEST 10.58 FEET; THENCE SOUTH 02°37'29" EAST 7.75 FEET; THENCE SOUTH 87°22'31" WEST 10.00 FEET; THENCE NORTH 02°37'29" WEST 7.75 FEET; THENCE SOUTH 87°22'31" WEST 107.75 FEET; THENCE SOUTH 00°54'52" EAST 203.67 FEET; THENCE NORTH 89°05'08" EAST 66.56 FEET; THENCE SOUTH 00°54'52" EAST 25.00 FEET; THENCE SOUTH 89°05'08" WEST 96.56 FEET; THENCE NORTH 00°54'52" WEST 227.78 FEET; THENCE SOUTH 87°22'31" WEST 4.20 FEET; THENCE SOUTH 02°37'29" EAST 10.75 FEET; THENCE SOUTH 87°22'31" WEST 10.00 FEET; THENCE NORTH 02°37'29" WEST 10.75 FEET; THENCE SOUTH 87°22'31" WEST 28.88 FEET; THENCE SOUTH 02°37'29" EAST 24.34 FEET; THENCE SOUTH 87°22'31" WEST 20.00 FEET; THENCE NORTH 02°37'29" WEST 24.34 FEET; THENCE SOUTH January 3, 2006' J.N. 031071-3 PAGE 2 OF 2 87°22'31" WEST 17.96 FEET; THENCE NORTH 00°54'52" WEST 18.5 FEET; THENCE NORTH 10°05'18" EAST 11.80 FEET; THENCE NORT 87°22'31" EAST 5.56 FEET; THENCE NORTH 02°37'33" WEST 54.06 FEET; THENCE NORTH 25°07'33" WEST 43.71 FEET; THENCE NORTH 02°37'33" WEST 127.56 FEET TO THE TRUE POINT OF BEGINNING. AREA = 29,539 S.F. |789 O:\LEGAL DESCRIPTIONSX031071\CT 74-21.LGL.DOC EXHIBIT 'B' PROPOSED EASEMENT DATA 4790 (NO) 7 1fii U 1 11 1 19 1 -i\ o 1C 1 C1 0 4 -T1 / 4 Q 10 1QIV) 90L\J 21 22 97/o 94t'J 1C DELTA/BEARING /v 00 7 J J4 c A' 0<? 13 34 E C n?'Z7'ff" /"J IA£ J/ JJ L c P^YJ/'??" rJ i J I// JJ £ C /77'77'77" /"J IA£ J/ JJ C. N 87 22 31 c N f)9*17'9Q" W C A7'9?'ff" WJ o/ ZZ Jl W tJ fl?*Z7'9O" Wrl Ul J/ Zy W N R7"}I}'11" r/V o/ £.4. Jl C. M fl?'f7'?O" U/rl t/Z J/ Zy rr N R7*9?'11" r M fly*17'9Q" Wrl U^ J/ £y rr A/ O7*ofyf7iff rN o/ 22 Jl t <T f)?'17'?Q" F fj K^'n^'n^" r C njt9K7f1Ctt CJ U4 J/ 10 t b 80 02 03 rr c /7>*C7'?7" r <r R5'n?'n's" w M nj'K7'K7" U/ RADIUS LENGTH 7/1 77r 30.33 20.00 f?T jo'i^o.^y Al 71'4J./ 1 co nj'JO.U4- 20 J. ID 1 7/7 77' yf DO'Zo.oo in nn'lU.UU 15 fi'1!'I3.OJ in nn'W.UU 11 7*)' An in'4L/. IU nn nn'zU.UU 1AQ U.' K1 A.A.' nn nn'2U.UU 57. uo 1 77 *>7' on nn' ni /i/:' (NO) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 en DELTA/BEARING S 87"22'31" W S 02'37'29" E S 8T-22'31" W N 02'37'29" W S 8r22'31" W S 00'54'52" E N 89'05'08" E S 00' 54' 52" E S 89'05'08" W N 00'54'52" W S 8r22'31" W S 02'37'29" E S 8r22'31" W N 02'37'29" W S 8r22'31" W S 02'37'29" E S 87" 22' 31" W N 02'37'29" W S 8^22 '31" W N 00'54'52" W N W'05'18" E N 8r22'31" E N 02'37'33" W N 25W33" W RADIUS LENGTH 10.58' 7.75' 10.00' 7.75' 107.75' 203.67' 66.56' 25.00' 96.56' 227.78' 4.20' 10.75' 10.00' 10.75' 28.88' 24.34' 20.00' 24.34' 17.96' 18.50' 11.80' 5.56' 54.06' 43.71' 2710 Loker Avenj '::• u iCarlsbad, Caiiforr ;(J 760 •<).';' Fax: 760-9J1 EASEMENT AREA: 29,851 SF = 0.69 AC LEGAL DESCRIPTION PORTION OF LOT 1, CT 74-21, PER MAP 10371 BASIS OF BEARINGS NORTH AMERICAN DATUM OF 1983 (NAD83) GRID BEARINGS BETWEEN PT. NO. 96 AND PL NO. 98 PER RECORD OF SURVEY NO. 17271; I.E. N 58'02"35" W. EXISTING EASEMENTS SEWER AND DRAINAGE EASEMENT PER MAP NO. 10372 REC. APRIL 13, 1982 AS F/N 82-101695 LANDSCAPE EASEMENT REC. OCTOBER 11, 1985 AS F/N 85-378668 ACCESS EASEMENT REC. AUGUST 22, 1988 AS F/N 88-416291 WATER EASEMENT TO C.M.W.D. REC. JUNE 5. 2001 PER DOC. NO. 2001-0366642 & REC. MAY 19, 2005 AS F/N. NO. 2005-0425850 PRIVATE DRAINAGE EASEMENT REC. MAY 23, 2005 AS F/N 2005-0432841 PUBLIC UTILITY EASEMENT - £7/7 £F CARLSBAD EXHIBIT 'B' DATE: JANUARY, 2006 SHEET 1 OF 2 SHEETS APPLICANT: FRANZ LOKER LLC 8799 BALBOA AVE., STE. SAN DIEGO, CA 92123 (858) 268-8901 270 TIMOTHY 0. CARROLL, J#. LS. 7700, EXP. 12/31/06 MS 04-04 A.P.NI. 209-081-01 P.R. 05-26 l:\031071\0371PA01.dwq .:•.:• Xrefs: 0371AMAP; 0371 AX; » p-k»EXHIBIT 'B 36>LOKER AVE. CONSULT A^N T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700Fax: 760-931-8680 LEGEND EXISTING BOUNDARY EXISTING EASEMENT UTILITY EASEMENT AREA POINT OF BEGINNING TRUE POINT OF BEGINNING PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT B DATE: JANUARY, 2006 SHEET 2 OF 2 SHEETS APPLICANT: FRANZ LOKER LLC 8799 BALBOA AVE., STE. 270' SAN DIEGO, CA 92123 (858) 268-8901 PREPA TIMOTHY 0. CARROLL, 'JR. LS. 7700, EXP. 12/31/06 MS 04-04 A.P.Nl. 209-081-01 P.R. 05-26 l:\031071\0371PA01.dwg Jan 06, 2006 8:17am Xrefs: 0371AMAP; 0371 AN; 0371ASTR 4792 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated August 3. 2005. from Franz-Loker. LLC. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 7. 2006 , Assistant City Clerk " S (of a RECORDED AT THE REQUEST OF CHICAGO TITLE COMBVNY SUBDIVISION DEPT RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) 4793 DQC# 2006-0245414 APR 10, 2006 11:03 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 35.00 PAGES: 10 2006-0245414 SPACE ABOVE THIS LINE FOR RECORDER'S USE 209-081-01-00 MS 04-04 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Loker Business Center - Public Utility Easement PR 05-26 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN/THE EASEMENT(S) IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. ii THIS AGREEMENT is made this go day of ^by Franz- Loker, LLC, a California limited liability company, owner of the land hereinafter described and hereinafter referred to as "Owner," and Bank of America, N.A. a national banking association, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Franz, LLC, a California limited liability company, did execute a deed of trust, dated August 10, 2005 to PRLAP, Inc., a North Carolina corporation as trustee, to secure a note in the sum of $9,850,000 dated August 10, 2005 in favor of Bank of America, N.A., a national banking association recorded in the office of the County Recorder of San Diego County on August 17, 2005 as File No. 2005-0707330 of Official Records of said county; and 1 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHER/SUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31/00 4794 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT dated August 3, 2005, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee" creating AN EASEMENT more particularly described in EXHIBITS A• and B attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided the grant of EASEMENT 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 Beneficia/y will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT 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 above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT 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 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 2 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/SUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31/00 4795 hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, 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. l/(We) consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. l/(We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENT 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 is being executed and delivered, the EASEMENT IS 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. 3 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/SUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31 /OO 47S6 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. BENEFICIARY: By: (sign here) OWNER: By: (signliere) //~ (print name here) J«*i/vv-(print name here) A//. (title and organization of signaory) By: (sign here) (print name here) (title and organization of signatory) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY AND OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing 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. 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 City Attorney By: Deputy City Attorney H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHER/SUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31/00 4797 State of California ) ) County of San Diego ) On SMI, M, Al/05 before me, (Date) personally appeared _ (Nam6, Title of Officer) tJ . (Namefs] of Signer[s]) j D personally known to me -OR - (or proved to me on the basis of satisfactory evidence) to be the person^ whose name^ is/afe^subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in his/hei^thetp-authorized capacityfies^T and that by i^- signature^ on the instrument the person(s^, or entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal l^niture of Notary / (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/SUBORDINATION AGREEMENT/Subordination Agreement Trust Deed Holders CityRev. 5/31/00 4798 ACKNOWLEDGMENT STATE OF CALIFORNIA } } ss . COUNTY OF SAN DIEGO } On September 29, 2005 before me, Peggy J. French, Notary Public, personally appeared Melanie A. Alexander, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. PE66V J. FRENCH I Notary Pubic - Cadfomta San Diego County T, ,-, . . -, £ . j . MyComm.ExplfesJon8.2007iPublic in and for said +*r*r*r*9'*r*ir — ' County and State Commission Number 1389660 My Commission Expires: January 8, 2007 4799 November 3, 2005 J.N. 0no71^3. PAGE"" i bF~2 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT MS 04-04 PR 05-26 A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 88°13'34" EAST 30.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTHERLY LINE, NORTH 88°13'34" EAST 20.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 02°37'33" EAST 123.29 FEET; THENCE SOUTH 25°07'33" EAST 43.71 FEET; THENCE SOUTH 02°37'33" EAST 58.04 FEET; THENCE NORTH 87°22'31" EAST 203.16 FEET; THENCE NORTH 02°37'29" WEST 136.33 FEET; THENCE SOUTH 87°22'31" WEST 26.88 FEET; THENCE NORTH 02°37'29" WEST 10.00 FEET; THENCE NORTH 87°22'31" EAST 15.63 FEET; THEWCE NORTH 02°37'29" WEST 10.00 FEET; THENCE NORTH 87°22'31" EAST 11.25 FEET; THENCE NORTH 02°37'29" WEST 40.10 FEET; THENCE NORTH 87°22'31" EAST 20.00 FEET; THENCE SOUTH 02°37'29" EAST 28.33 FEET; THENCE NORTH 87°22'31" EAST 31.25 FEET; THENCE SOUTH 02°37'29" EAST 10.00 FEET; THENCE SOUTH 87°22'31" WEST 31.25 FEET; THENCE SOUTH 02°37'29" EAST 111.01 FEET; THENCE NORTH 85°02'03" EAST 61.44 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE, CONTINUING ALONG SAID EASTERLY LINE, SOUTH 04°57'16" EAST 20.00 FEET; THENCE, LEAVING SAID EASTERLY LINE, SOUTH 85°02'03" WEST 57.06 FEET; THENCE SOUTH 04°57'57" EAST 177.57 FEET; THENCE SOUTH 85°02'03" WEST 20.00 FEET; THENCE NORTH 04°57'57" WEST 121.05 FEET; THENCE SOUTH 87°22'31" WEST 10.58 FEET; THENCE SOUTH 02°37'29" EAST 7.75 FEET; THENCE SOUTH 87°22'31" WEST 10.00 FEET; THENCE NORTH 02°37'29" WEST 7.75 FEET; THENCE SOUTH 87°22'31" WEST 107.75 FEET; THENCE SOUTH 00°54'52" EAST 203.67 FEET; THENCE NORTH 89°05'08" EAST 66.56 FEET; THENCE SOUTH 00°54'52" EAST 25.00 FEET; THENCE SOUTH 89°05'08" WEST 96.56 FEET; THENCE NORTH 00°54'52" WEST 227.78 FEET; THENCE SOUTH 87°22'31" WEST 4.20 FEET; THENCE SOUTH 02°37'29" EAST 10.75 FEET; THENCE SOUTH 87°22'31" WEST 10.00 FEET; THENCE NORTH 02°37'29" WEST 10.75 4800 November 3, 2005 J.N. 031071-3 PAGE 2 OF 2 FEET; THENCE SOUTH 87°22'31" WEST. 28.88 FEET; THENCE SOUTH 02°37'29" EAST 24.34 FEET; THENCE SOUTH 87°22'31" WEST 20.00 FEET; THENCE NORTH 02°37'29" WEST 24.34 FEET; THENCE SOUTH 87°22'31" WEST 17.96 FEET; THENCE NORTH 00°54'52" WEST 18.50 FEET; THENCE NORTH 10°05'18" EAST 11.80 FEET; THENCE NORTH 87°22'31" EAST 5.56 FEET; THENCE NORTH 02°37'33" WEST 54.06 FEET; THENCE NORTH 25°07'33" WEST 43.71 FEET; THENCE NORTH 02°37'33" WEST 127.56 FEET TO THE TRUE POINT OF BEGINNING. AREA = 29,851 S.F. O:\LEGAL DESCRIPTIONS\031071\CT 74-21.LGL.DOC PROPOSED \\jk OIY OF^OC Yt* HJSHHAJ^^l^ €P W^ W3 MOFW VA^IOCON \»\J \ (NO) i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT ' EASEMENT DATA DELTA/BEARING /V 88"13'34" E N 88'13'34" E S 02'37'33" E S 25'07'33" E S 02'37'33" E N 87' 22' 31" E N 02'37'29" W S 87'22'31" W N 02'37'29" W N 87'22'31>> E N 02'37'29" W N 87-22 '31" E N Q2'37'29" W N 87'22 "31 '" E S 02'37'29" E N 87'22'31" E S 02'37'29" E S 87'22'31" W S 02'37'29" E N 85'02'03" E S 04'57'16" E S 85'02'03" W S 04'57'57n E S 85'02'03" W N 04'57'57" W CAMSDE 5hn L/ I cm-or ^7^ ^VCI%2^L RADIUS *™-i!IE ssa^^iVT^nirinr"" PARK OR^Jt- ^**&T*T\ *XL/ y if H^ ^CARLSBAB-JifSEZ ^WW7\ \> — -^-V ^^^ jy i^%f*-«^K*^^\7 \vHSCJ// cmr or ENCMTAI N-"-1 1 VICINITY MAP I A0 5C4Zf \ o*o*+? CONSULT A/N T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 APPLICANT: FRANZ LOKER LLC 8799 BALBOA AVE., STE. 270~ SAN DIEGO, CA 92123 (858) 268-8901 LENGTH 30.33' 20.00' 123.29' 43.71' 58.04' 203.16' 136.33' 26.88' 10.00' 15.63' 10.00' 11.25' 40.10' 20.00' 28.33' 31.25' 10.00' 31.25' 111.01' 61.44' 20.00' 57.06' 177.57' 20.00' 121.05' B' (NQ) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4801 DELTA/BEARING 5 87'22'31" W S 02'37'29" E S 87-22 '31" W N 02'37'29H W 5 87 '22 "31" W S 00'54'52" E N 89'05'08" E S 00'54'52" E S 89'05'08H W N 00 '54 '52" W S 87'22'31" W S 02'37'29" E S 8T-22'31" W N 02'37'29" W S 87 22' 31" W S 02'37'29" E S 87t22'3J" W N 02'37'29" W S 8r22'31" W N 00'54'52" W N 10'05'18" E N ST'22'31'' E N 02'37'33" W N 25'07'33" W N 02'37'33" W RADIUS LENGTH 10.58' 7.75' 10.00' 7.75' 107.75' 203.67' 66.56' 25.00' 96.56' 227.78' 4.20' 10.75' 10.00' 10.75' 28.88' 24.34' 20.00' 24.34' 17.96' 18.50' 11.80' 5.56' 54.06' 43.71' 127.56' EASEMENT AREA: 29,851 SF = 0.69 AC LEGAL DESCRIPTION PORTION OF LOT 1, CT 74-21, PER MAP 10371 BASIS OF BEARINGS NORTH AMERICAN DATUM OF 1983 (NAD83) GRID BEARINGS BETWEEN PL NO. 96 AND PL NO. 98 PI SKOS Xr^LANO^N. ^^^>-j A^? fi**\ 7 I NO. 7700 j ^f\ EXP. 12/31/06 J ^( "^^^ 'R RECORD OF SURVEY NO. 17271; '. N 58'02'35" W. EXISTING EASEMENTS i \ 2 3\ 3 / 4 5 SEWER AND DRAINAGE EASEMENT PER MAP NO. 10372 REC. APRIL 13, 1982 AS F/N 82-101695 LANDSCAPE EASEMENT REC. OCTOBER 11, 1985 AS F/N 85-378668 ACCESS EASEMENT REC. AUGUST 22, 1988 AS F/N 88-416291 WATER EASEMENT TO C.M.W.D. REC. JUNE 5. 2001 PER DOC. NO. 2001-0366642 & REC. MAY 19, 2005 AS F/N. NO. 2005-0425850 PRIVATE DRAINAGE EASEMENT REC. MAY 23, 2005 AS F/N 2005-0432841 PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT 'B' PREPARED BY: Z?Z^LC_^*s*r i*/tfjosr TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 DATE: NOVEMBER, 2005 SHEET 1 OF 2 SHEETS A F MS 04-04 P N 209-081-01 .R. 05-26 l:\031071\0371PA01.dwg Nov 04, 2005 11: 01cm Xrefs: 0371AMAP; 0371 AN; 0371 ASTR EXHIBIT 'B' 36'LOKER AV£. CONSULT A/'N T S 2710 Loker Avenue West Suite 100Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 LEGEND EXISTING BOUNDARY EXISTING EASEMENT UTILITY EASEMENT AREA POINT OF BEGINNING TRUE POINT OF BEGINNING PUBLIC UTILITY EASEMENT - CITY OF CARLSBAD EXHIBIT 'B' DATE: NOVEMBER, 200J SHEET 2 OF 2 SHEETS APPLICANT: FRANZ LOKER LLC 8799 BALBOA AVL, STE, 270 SAN DIEGO, CA 92123 (858) 268-8901 TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 MS 04-04 A.P.N. 209-081-01 P.P. 05-26 l:\031071\0371PA01.dwg Nov 10, 2005 11:33am Xrefs: 0371 AMAP; 0371 AN; 0371ASTR