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HomeMy WebLinkAboutPR 3.4.138; Aviara Land Associates, LP; 1994-0128543; Easementwm asnr cb. 6ZCOROING REQUESTED BY - _=. ... ". ", "" +- : =: . AND WHEN RECORDED~IL TO - ....... e? ;-;- ~ 4 I' >+ ;I.ii : ~ " IL IT- -: =. i :--: + ." - . ~.i -. - I< T' . . -~. .. . "" - . ". - 3 .- == i ... : . :- - p . i." -1. i - I r" ... ..... ... ... .. .. 1 1194 . " ..... ...... _.- "" --- "X : . -= ~ -= -= -_ . .,"- " "" i " 2" ->; " ". - " ?. "- me City Clerk City of Carlsbad .... eet Address 1200 Carlsbad Village Drive v& Carlsbad, CA 92008 " -_ - :- " -. - .. - - - . .. 1 : L " .. -. i ." ..: . "_ -.-.. !-"" - ." - - -r,....-..l_ -_--.-.-.F..-. .." . " .- .~ - - -. -". .-.. ".".._ ".~ -.--- -.- - :. __"_ _" . "" " - - --- . j _,._."_ -.- .. -. ... . . . ......... . . "" _.,_.._ -._: "". I".-.-.-.r.--. ... ... .... i ____.-... L- ... ._ ..i . . -:... ,!. -:- .. .. It e ~... i /.%. - .. . .- .- I__:_-. . -7.. , ' 2" " .. .. . ..... - - : _.._ -. -. "L .. r- ...... L __I ... " 7. .-. "", - " ._ . . .. "- MAIL TAX STATEMENTS TO r" ne :et Address EXEMPT I& te 1 , .. L A SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GRANT DEED PR 3.4.138 OF EASEMENT APN 215-040-23 ff, a/ The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Aviara Land Associates Limited Partnership, A Delaware Limited Partnership A limited partnership organized under the laws of the state of Delaware hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of CarIsbad, County of San Diego, State of Ca!ifornia: an easement for public street and public utility purposes described in Exhibit "A consisting of three (3) pages, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED &(a 20, /7?3 By: Aviara Land Associates Limited Partnership, A Delaware Limited Partnership c ?r9 1 ATE OF CALIFORNIA ) By: Aviara Land Co a Delaware Corporation, @ 3. ,- D.L. &-&Vice President By: Ted L. Hoover, Assistant Secretary By: Republic D P.L. Clemens, Vice President WNTY OF SAN DIEGO )ss. By: 9 4.1. "- Ted L. Hoover, Assistant Secretary STATE OF CALIFORNIA COUNTY OF } S.S. I I I On 46 20. /973 ' I /&THL&5y "A. AANDL/c=) before me, ! a otary P blic in and fo said County and State er on Ily appeared I J.L. ?/XrndN5d/B?. TU 2. I !/gz . &fl* -<&.TY. ! personally known to me ("tmj-@ ) within instrument and acknowledged to me that -/they executed eidmce) to be the person(s) whose name(s)+/are subscribed to the the same in Mfberkheir authorized capacity(ies), and that by bisfherkheir 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 1 FOR NOTARY SEAL OR STAMP K4THLEEN A. ARPIGLD NOTARY PUfKIC-CALIFS4VI~ PFllWKOR1CE iN SAN UKjO COUNTY ... Ii " ~~~~31.1991 L- - Sinnature //&,/A 4. A&. /. 0 1195 e P.R. 3.4.138 10/15/1992 (DA) 10659.20 M8A04 310,5:SV ROCDED EXHIBIT rtA't PR 3.4.138 LEGAL DESCRIPTION THAT PORTION OF LOT 4 OF CITY OF CARLSBAD -TRACT 89-37 AVIARA PHASE .I1 ACCORDING TO THE MAP THEREOF NO. 12967 , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 16, 1992 AS FILE NO. 92-588283, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 35 OF CITY OF CARLSBAD TRACT 90-38, AVIARA PLANNING AREA 26 NORTH UNIT 2 ACCORDING TO THE MAP THEREOF No.t?~Qq! FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 3r*u C.\rrCi\~jTv\ 35, \'\9Li TERRACE AS DEDICATED AND SHOWN ON SAID MAP OF CITY OF CARLSBAD TRACT 90-38; THENCE ALONG SAID SOUTHERLY LINE SOUTH 59" 07'02" -EAST, 60.58 FEET TO THE BEGINNING OF A NON-TANGENT 590.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 66'38'2Ot1 EAST; THENCE LEAVING SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF !ROCKROSE SAID SOUTHERLY SUBDIVISION LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07"24'10" A DISTANCE OF 76.23 FEET; THENCE SOUTH 30°45'5011 WEST, 112.48 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38"40'27" A DISTANCE OF 168.75 FEET: THENCE SOUTH 07"54/3711 EAST, 294.46 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"07'02" A DISTANCE OF 44.85 FEET; THENCE SOUTH 23°01/3911 EAST, 90.72 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22"50'39" A DISTANCE OF 35.88 FEET: THENCE SOUTH 45"52/1811 EAST, 70.00 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHERLY, SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE AiiC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 202"50'39" A DISTANCE OF 169.93 FEET TO A POINT IN THE WESTERLY LINE OF SAID MAP PER CITY OF CARLSBAD TRACT 90-38; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING: NORTH 16"08'071T WEST, 100.00 FEET; THENCE NORTH 23°01t391t WEST, 109.53 FEET TO THE BEGINNING OF A TANGENT 216.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"07'02" A DISTANCE OF 56.99 FEET: THENCE NORTH 07"54/3711 WEST, 74.84 FEET; THENCE PAGE 1 OF 3 / 0 1196 0 P.R.3.4.138 10/15/1992 (DA) 310,5:SV ROCDED 10659.20 M8A04 EXHIBIT IrAll LEGAL DESCRIPTION PR 3.4.138 SOUTH 82'05'23" WEST, 6.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 82 O 05 ' 23 It EAST; CENTRAL ANGLE OF 109"02'251' A DISTANCE OF 38.06 FEET, TO THE BEGINNING OF A COMPOUND 180.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 26°57t0211 WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°09'20" A DISTANCE OF 35.05 FEET, TO THE BEGINNING OF A COMPOUND 20.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID POINT BEARS NORTH 38 a 06' 22" WEST ; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88O22'09" A DISTANCE OF 30.85 FEET, TO THE BEGINNING OF A REVERSE 430.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF KESTREL DRIVE AS DEDICATED AND THENCE NORTHWESTERLY ALONG- THE ARC OF SAID CURVE THROUGH A SHOWN ON SAID MAP OF CITY OF CARLSBAD TRACT 89-37, A RADIAL LINE TO SAID POINT BEARS NORTH 53°31'29t1 EAST; THENCE LEAVING SAID WESTERLY LINE OF SAID MAP PER CITY OF CARLSBAD TRACT 90-38 NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 ' 29 '59" A DISTANCE OF 26.27 FEET; THENCE NORTH 39"58'3011 WEST, 72.54 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 50"01'30" WEST; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88"39'54" A DISTANCE OF 30.95 FEET, TO THE BEGINNING OF A REVERSE 240.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 38 O 38'24" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"20'34" A DISTANCE OF 72.65 FEET, TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 21" 17 '50t1 EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76'36'47" A DISTANCE OF 26.74 FEET; THENCE NORTH 07"54'37" WEST, 117.93 FEET TO THE BEGINNING OF A TANGENT 310.00 FOOT RAGIJS CURVE CONCAVE TO THE EAST: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38"40'27" A DISTANCE OF 209.25 FEET; THENCE NORTH 30"45'5011 EAST, 112.48 FEET TO THE BEGINNING OF A TANGENT 530.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"15'36" A DISTANCE OF 76.41 FEET TO THE POINT OF BEGINNING. PAGE 2 OF 3 r e 'Ig7 ' P.R.3.4.138 10/15/1992 (DA) 10659.20 M8A04 310,5:SV ROCDED EXHIBIT llAII PR 3.4.138 LEGAL DESCRIPTION AREA OF DEDICATION IS 1.45 ACRES MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY D3RECTION. f - ES: 06-30-1997 PAGE 3 OF 3 9-3z AWARA PHASE I. AS w NO. rz.967 PASIS OF B€AR/NGS XP NO. 130°t\ /#?€A OF D€DlCA 77ON: YE SOU7HERL Y SUBDIMSION NE OF CT 90-38 UNIT 2 5. NORTH 6729'46" WEST 451 ACRES r5-040-z3 FSREL DRlE EDICA ED PER 'AP NO. 12967 EASEMEN T IN VOR Of S D. G.M. CO. 2 02'20/90 AS RLE NO. -090371 O.R. LIES -GEND: DEDICA 77ON HEREON 0.8- = POINT OF BEGINNING I 9 P# ECHNOLOOC/ES i 407 WEST 'A' STREET SU7E 2500 SAN DIEGO, CAUFORNIA 92101 ?€LE: (619) 2.S2-U66 OJECT NAME OCKROS' TERRACE S7X.T AND PUBLIC ' nL/ 7Y EASEMEN "~ ~- 7- D€D/CA 77ON B PR. 3.4.738 PROJECT NO. . EX~IlYl T ,’ a. e 1199. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated-, from Aviara Land Associates Limited Partnership to the City of ‘Carlsbad, ‘California, a political coq. -:ration and/or governmental agency, is hereby accepted by the undersigned officer or ;:gent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No, 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it’s duly authorized officer. DATED: February 3, 1994 ALETHA L. RAUTENKRANZ, City Ckrk . .- i, .._ 1 2 3 4 5 6 7 P: 11 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ll ..... 0 ..... ..... ... e:=: j;. .j 7:=-; -< "7. .: T ==: := : : 1200 .. ,. .. ~&: :. <. : "">>. Y1 ~. __ .&. ,., - ... ....... ..... :-. .. - .... - - ... .. .- - .. " .. . - .. " .. .- ... - - ". - .- . " . . - .- .- - . . ---.- . .".__ ... ........... ". ." - ". >. .-..-. - ......... .......... +?RDrn Li?ig@Egl@ != s*?:p@Lq !%>* .. ": - "2 .-: .-: ... ........ .. - " ~ " . - - . - -.- - i i . . . "_ .. " ..... .. - . - . . 11 - " !, -. - : _. . -.-_ ."". .-- .. .. - - - - ,- - - . -, . , : .. - _". . .,. - .. ... ~ . . - - - - - - . . " - -. - -. - . ., " - - . "_ " - - - -. - . - - - :.. . ." .. ". - " ... - - - . - -. -" ." . - .- .- -" ..... ... . in - - . . "i" - :_::_ _,-: -. . _".___." -. . ..... . - - " . .- ".. -...,. -.,. . 7 _i_ - - i .... _i 7" ~ _: i_. ... ..... .. " ". - - - . . - - ... .. .. .. _.__,- ... " ~ "". .. - - " -" .... ... - .. ... ." . - ., ... ..... 1 1. ,; ._ -. ... - .~ . " . : *. RECORDING REQUESTED BY AND ..... WHEN RECORDED MAIL TO: ) ," City Clerk ) 9 ;, CITY OF CARLSBAD 1200 Carlsbad Village Drive ): :y Carlsbad, CA 92008 ) ;$ ?? 1 Space above this line for Recorder's use. SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) PR 3.40138 OFF-SITE STREET AND PUBLIC UTILITY EASEMENT DEDICATION PA 26 NORTH, AVIARA PHASE 2 I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware Limited Partnership, hereinafter referred to as 'IOwner," Owner of the land and FIRST INTERSTATE BANK OF CALIFORNIA, a California Corporation, hereinafter referred to as "Beneficiary"; present Owner and holder of the deed of trust hereinafter described; WITNESSETH ~ THAT WHEREAS, Aviara Land Associates Limited Partnership did execute a deed of trust, dated December 20, 1988, to First Interstate Bank of California, as trustee, covering (SEE ATTACHED EXHIBIT llA1l), to secure a note in the sum of ONE HUNDRED TWENTY-FIVE MILLION AND 00/100 DOLLARS ($125,000,000), dated December 20, 1988, in favor of First Interstate Bank of i 11 AGREMENTS\AG-24.FRM -1- REV 05/11/93 11 ,- .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ I 0 pz California, recorded in the office of the County Recorder of San Diego County on December 23, 1988, as File No. 88-661636 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT in favor of the City of Carlsbad as grantee herein referred to as I'Easement Grantee, II creating THE EASEMENT more particularly described in EXHIBITS IrAII and tvBtl 1 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 Beneficiary will ,x .% '~ -_ "_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 1202 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 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 1. It consents to and approves the grant of EASEMENT in favor of the Easement Grantee. 2. It intentionally and unconditionally subordinates 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. This Agreement represents an endorsement to the AGREEHENTS\eG-24.FRH -3- REV 05/11/93 .: , ..., . - I1 0 1203 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. 1 2 3 4 - I1 Executed this do* day of ,&PI , 1997. ' 11 BENEFICIARY: OWNER: 6 7 8 9 10 11 12 13 c 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST INTERSTATE BANK OF ~NKL Q. 'QG&N.SN (print name here) -VICE PRESIDENT (title and organization of signatory) By: (sign &e) ~##C\/ A&€SSL.&rt? (print name here) -/ASST. SECRETARY (title and organization of signatory) AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP (Name of Owner) z, LAND COMPANY, A CORPORATION, GENERAL MENS, Vice President ") 4 A. #&?P"- TgD L. HOOVER, Asst. Secretary * Y UBLIC A CALIFORNIA DEVELOPMENT OR ORATION I /' I A+ D . L ."ENS , Vice President )& /f$.+.+"- TED L. HOOVER, Asst. Secretary (Proper notarial acknowledgement of execution by BENEFICIARY AND OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs , the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 9 '1- Deputy City Xttorney AGiEEMENTSUG-24-FRH -4- REV 05/11/93 a 0 ~TATE OF CALIFORNIA 1' h COUNTY OF /L - /& ] S.S. z 'JO. /773 -EGi .A Lh2N8d Y before me, e 0 6 0 w + State, personally appeared LL 7-64 1- * 4 personally known to me (Hry 0 LL + evidence) to be the person@) whose name(s)is/are subscribed to the 0. within instrument and acknowledged to me that Wthey executed LC W the same in !."rer/their authorized capacity(ies), and that by hishr/their signature@) on the instrument the person(@, or the entity upon behalf - of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature 1 8 L 20 4 FOR NOTARY SEAL OR STAMP I ~""-----~ OFFICIAL SEAL I- I - - F 2492 (5-91) ~ ~~~~~""~ ___~ 1 }ss. A } - onbe c. 2 7, / 9q.3 before me, - personally appeare $c\,,k 3 wG\&ifi 0- *A J~Q n c3 ape.- lep personally known to me (eiymwd "jto be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 1 and that by his/her/their signature@) on the instrument the erson s or the enti u on behalf of which the ,' L .. e 1205 P.R.3.4.138 03/11/1992 (JS) 3 10,5 : SV ROCDED 10659.20 M8A04 EXHIBIT r@Ar@ PR 3.4.138 LEGAL DESCRIPTION THAT PORTION OF LOT 4 OF CITY OF CARLSBAD TRACT 89-37 AVIARA PHASE I1 ACCORDIfiG TO THE MAP THEREOF NO. 12967, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 16, 1992 AS FILE NO. 92-588283, BE1N.G MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 35 OF CITY OF CARLSBAD TRACT 90-38, AVIARA PLANNING AREA 26 NORTH UNIT 2 ACCORDING TO THE MAP THEREOF NO.'\%aq\ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY Ofn# F&pv\.~rL\ 25, Iqqq TERRACE AS DEDICATED AND SHOWN ON SAID MAP OF CITY OF CARLSBAD TRACT 90-38; THENCE ALONG SAID SOUTHERLY LINE SOUTH 59"07'02" EAST, 60.58 FEET TO THE BEGINNING OF A NON-TANGENT 590.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, A RADIAL SAID SOUTHERLY SUBDIVISION LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07"24'1011 A DISTANCE OF 76.23 FEET; THENCE SOUTH 30°45'5011 WEST, 112.48 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE TO THE EAST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38"40'27" A DISTANCE OF 168.75 FEET; THENCE SOUTH 07"54'3711 EAST, 294.46 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE CONCAVE TO THE EAST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"07'02" A DISTANCE OF 44.85 FEET: THENCE SOUTH 23"01'3911 EAST, 90.72 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22O50'39" A DISTANCE OF 35.88 FEET: THENCE SOUTH 45'52'18'l EAST, 70.00 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHERLY, SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 202"50'39'1 A DISTANCE OF 169.93 FEET TO A POINT IN THE WESTERLY LINE OF SAID MAP PER CITY OF CARLSBAD TRACT 90-38; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING: NORTH 16"08'0711 WEST, 100.00 FEET: THENCE NORTH 23'01'39" WEST, 109.53 FEET TO THE BEGINNING OF A TANGENT 216.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"07'02!' A DISTANCE OF 56.99 FEET; THENCE NORTH 07 "54'3711 WEST, 74.84 FEET; THENCE SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF ~OC~ROSE LINE TO SAID POINT BEARS SOUTH 66°38'2011 EAST: THENCE LEAVING PAGE 1 OF 3 ?' -5 - - ,. ? e s20m P.R.3.4.138 03/11/1992 (JS) 310,5:SV ROCDED 10659.20 M8A04 EXHIBIT rlA1l PR 3.4.138 LEGAL DESCRIPTION SOUTH 82"05'23" WEST, 6.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 109"02'25" A DISTANCE OF 38.06 FEET, TO THE BEGINNING OF A COMPOUND 180.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 26"57'021t WEST: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"09'201' A DISTANCE OF 35.05 FEET, TO THE BEGINNING OF A COMPOUND 20.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID POINT BEARS NORTH 38"0682211 WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88"22'09" A DISTANCE OF 30.85 FEET, TO THE BEGINNING OF A REVERSE 430.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF KESTREL DRIVE AS DEDICATED AND SHOWN ON SAID MAP OF CITY OF CARLSBAD TRACT 89-37, A RADIAL LINE TO SAID POINT BEARS NORTH 53"31'291f EAST; THENCE LEAVING SAID WESTERLY LINE OF SAID MAP PER CITY OF CARLSBAD TRACT 90-38 NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 "29'59" A DISTANCE OF 26.27 FEET; THENCE NORTH 39"58'30" WEST, 72.54 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 50"01'30" WEST; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88'39'54" A DISTANCE OF 30.95 FEET, TO THE BEGINNING OF A REVERSE 240.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT BEARS NORTH 38 O 38 r24'1 WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"20'34" A DISTANCE OF 72.65 FEET, TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 21" 17 '50" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76"36'47" A DISTANCE OF 26.74 FEET: THENCE NORTH 07"54'3711 WEST, 117.93 FEET TO THE BEGINNING OF A TANGENT 310.00 FOOT RADIUS CURVE CONCAVE TO THE EAST: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38"40'27" A DISTANCE OF 209.25 FEET; THENCE NORTH 3O045'5Otl EAST, 112.48 FEET TO THE BEGINNING OF A TANGENT 530.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08"15'36'~ A DISTANCE OF 76.41 FEET TO THE POINT OF BEGINNING. A RADIAL LINE TO SAID POINT BEARS NORTH 82°05t2311 EAST; PAGE 2 OF 3 .. -, 9. . W 120? I_ P.R.3.4.138 03/11/1992 (JS) 3 10,5 : SV ROCDED 10659.20 M8A04 EXHIBIT *IA" PR 3.4.138 LEGAL DESCRIPTION AREA OF DEDICATION IS 1.45 ACRES MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. dLdd& 7h5h DALEA. DAVIS L.S. 5894 LICENSE EXPIRATION DATE: 12-31-92 PAGE 3 OF 3 ,.LEGAL D€scRIPnoN: A PORTION OF LOT 4 OF CT 89-37: AWARA PHASE I1 AS MAP NO. 92 7 d'7 BASIS OF BEARINGS WE SOU WERL Y SUBDI WSION AREA OF D€DICA77ON: r. 451 ACRES 215-040-23 KESTREL DRIE DEDICA TED PER DALE A. DAMS L.S. 5894 LIC. EXF. DA E: 12-31-92 AN EASEMENT NQED AS ITEM #13 OF TITLE REPORT NO. 106114-10 DATED 09/10/9 1 PREP A RED B Y STEWART 77ZE CO., IN FA VOR OF S D. G.K. CO. REC 0.2/20/90 AS FILE NO. 90-090371 0. R. LIES kEGEND: ...... ...... INDICA TES DESCRIBED ....... t'1 ...... DEDICA 77ON HEREON p* 0.B. = POINT OF BEGINNING d P&B ECHNQLOGIES XLE: (619j 232-4466 0' x 200' w 401 WEST *A" SRE€Z SUJTE 2500 SAN DIEGO CALIFORNIA 92101 MC SmE ?"?@* PROJECT NAME I momr NO. I EXH~BIT ROCKROSE TERRACE SREET AND PUHIC U Vbl TY €AS€MEN T DEDICA VON PR. 3.4.138 B ."."" ....... ,.- ," ....... r-" -7 ............