HomeMy WebLinkAbout; Mullen, Paul F. & Lorna; 2001-0648094; PropertyRECORDING REQUESTED
6Y t IRST AMERICAN 010234SEP lo
RECORDING REQUESTED BY
AND WHEN RECORDED h4AIL TO:
City of Carlsbad City Clerk's office
1200 Carlsbad Villaec Drive
2001-0648094
2001 3:50 PM
Carlsbad, CA 92008
Anention: City Clerk
No fee for recording pursuant to
Government code Section 27383 2001-0848094
(Space above for Recorder's Use)
NOTE TO BORROWER:
PROVISIONS PROHIBITING ASSUMPTIONS
THIS DEED OF TRUST CONTAINS
SECOND LIrn' "
AND SECURITY AGREEMEN
DEED OF TRUST
this 4
("Borrower") as trustor, andFImIw Tfij, x
the City of Carlsbad, a municipal co oration (the "City"), as beneficiary. * A CALIFORNIA CORPORATI08
THIS DEED OF TRUST AND SECURITY AGREEMENT Deed of Trust made as of day of September 2001, amon PAUL F. &mAND&mm
("Trustee"), and
irrevocably grants, transfers, conveys and assigns to the Trustee, in trust, with power of sale, the
The Borrower, in consideration of the promises herein recited and the trust herein created,
property located in the City of Carlsbad, State of California, described in the attached Exhibit "A"
(the "Property"). i
TOGETHER with all the improvements now or hereafter erected on the property, and ill
which, including replacements and additions thereto, shall be deemed to be and remain a part of
easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, all of
the property covered by this Deed of Trust; and
TOGETHER with all articles of personal property or fixtures now or hereafter attached to
or used in and about the building or buildings now erected or hereafter to be erected on the
Property which are necesstuy to the complete and cpmfortable use and occupancy of such
building or buildings for the purposes for which tliey were or are to be erected, including all other
goods and chattels and personal property as are'ever used or fimished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are,
or shall be attached to said building or buildings in any manner; and all of the foregoing, together
with the Property, is herein referred to as the "Security";
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010235
To have and to hold the Security together with acquittances to the Trustee. its successors
and assigns forever;
executed by the Borrower to the City dated 9/4/01
sixtv thousand ,2001. in the amount of TO SECURE to the City the repayment of the sums evidenced by a promissoly note
Dollars (S 60.000.M) (the "Note");
accordance herewith to protect the security of this Deed of Trust; and the performance of the
covenants and agreements of the Borrower herein contained; and
TO SECURE to the City the payment of all other sums, with interest thereon, advanced in
TO SECURE the performance of any obligations of Borrower in any other agreements
with respect to the financing of the Property or the Security the failure of which would adversely
affect Beneficiary, whether or not Beneficiary is a party to such agreements.
BORROWER AND CITY COVENANT AND AGREE AS FOLLOWS: ....
conveyed and has the right to grant and convey the Security, that other than this Deed of Trust,
the Security is encumbered only by that deed of trust executed by the Borrower in connection with a loan made to the Borrower by ***
(the "First Lender"), dated 9/4/ol, 2001, executed by the Borrower in favor of First
or its successors and assigns
Lender, and recorded in the County of San Diego on***
Recorder's Serial No. (the "First Lender Deed of Trust"), securing a promissory note
,2001, and assigned
executed by the Borrower in favor of the First Lender ("First Lender Note"), to assist in the purchase of the Property. The Borrower agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions
listed in a schedule of exceptions to coverage in any title insurance policy insuring the City's
interest in the Security. (As used in this Deed of Trust, the term "First Lender" shall include all
*** WELLS FARGO HOME MORTGAGE, INC./RKORDED CONCURRENTLY successors and assigns of the First Lender.)
and interest required by the Note. The Note contains the following provisions concerning
repayment of the loan under certain conditions:
1. Borrower's Estate. That the Borrower is lawfully seized of the estate hereby
2. ReDavment of Loan. The Borrower will promptly repay, when due, the principal
Ho ASw connection with the purchase of property (the "Residence") as part of a program of the City to motion ofNotc;. The Borrower acknowledges that this Note is given in
assist in the purchase of homes by lower income persons. Consequently, this Note is not '
Note.
assumable by transferees of the Residence, but is due in full upon a Transfer as defined in the
.,
and agreements of the First Lender Note, First Lender Deed of Trust, and related First Lender
loan documents.
3. First Lender Loa. The Borrower will observe and perform ail of the covenants
4. Owner-Occuoancv Reauired. The Borrower shall occupy the Property as his or
her principal place of residence. The Borrower shall be considered as occupying the Property if
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010236
the Borrower is living in the unit for at least ten (10) months out of each calendar year. The
Borrower shall provide an annual written certification to the City that the Borrower is occupying the Property as his or her principal place of residence.
fines and impositions attributable to the Security which may attain a priority senior to this Deed of
Borrower will promptly hmish to the City all notices of amounts due under this paragraph, and in
Trust, by the Borrower making any payment, when due, directly to the payee thereof The
the event the Borrower makes payment directly, the Borrower will promptly discharge any lien which has priority senior to this Deed of Trust; provided, that the Borrower will not be required
to discharge the lien of the First Lender Deed of Trust or any other lien described in this paragraph so long as the Borrower will agree in writing to the payment of the obligation secured
by such lien in a manner acceptable to the City, or will, in good faith, contest such lien by, or
the lien or forfeiture of the Security or any part thereof.
defend enforcement of such lien in, legal proceedings which operate to prevent the enforoement of
5. Charges: Liens. The Borrower will pay all taxes, assessments and other charges,
”
..
6. Hazard I-. The Borrower will-iieep the Security insured by a standard fire
and extended coverage insurance policy in at least an amount equal to the replacement cost of the
Security, but in no event less than the amount necessary to prevent the Borrower from becoming
a co-insurer under the terms of the policy.
of California and be chosen by the Borrower subject to approval by the City; provided, that such
The insurance carrier providing this insurance shall be licensed to do business in the State
approval will not be withheld if the insurer is also approved by the First Lender, the Federal Home
Loan Mortgage Corporation, Fannie Mae, Freddie Mac, the United States Department of
Housing and Urban Development, the United States Department of Veterans Atfairs, or
successors thereto.
include a standard mortgagee clause with standard lender‘s endorsement in favor of the holder of
the First Lender Note and the City as their interests may appear and in a form acceptable to the
City. The City shall have the right to hold, or cause its designated agent to hold, the policies and
renewals thereof, and the Borrower shall promptly hmish to the City, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid
the City or its designated agent. The City, or its designated agent, may make proof of loss if not
premiums. In the event of loss, the Borrower will give prompt notice to the insurance carrier and
made promptly by the Borrower. The City shall receive thirty days advance notice of cancellation
of any insurance policies required under this section.
All insurance policies and renewals thereof will be in a form acceptable to the City and will
to the rights of the First Lender, will be applied.to restoration or repair of the. Security damaged,
Unless the City and theBorrower otherwise agree in writing, insurance proceeds. subject
provided such restoration or repair is economically feasible and the Security of this Deed of Trust
is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds will be used, subject to the rights
of the First Lender, to repay the Note and all sums secured by this Deed of Trust, with the excess,
if any, paid to the Borrower. Ifthe Security is abandoned by the Borrower, or ifthe Borrower
fails to respond to the City, or its designated agent, within thirty (30) days from the date notice is
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mailed by either of them to the Borrower that the insurance'canier offers to settle a claim for insurance benefits, the City, or its designated agent, is authorized, subject to the rights of the First
Lender, to collect and apply the insurance proceeds at the City's option either to restoration or
repair of the Security or to repay the Note and all sums secured by this Deed of Trust.
any insurance policy and in and to the proceeds thereof resulting from damage to the Security
If the Security is acquired by the City, all right, title and interest of the Borrower in and to
prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed
of Trust immediately prior to such sale or acquisition subject to the rights of the First Lender.
7. Preservation and Ma intenance of Security. The Borrower will keep the Security in good repair and will not commit waste or permit impairment or deterioration of the Security.
8. Security. Ifthe Borrower fails to perform the covenants and agreements contained in this Deed of Trust, the First Lender Note, the First Lender Deed of
Trust, or if any action or proceeding is commenced yhich materially'&ects the City's interest in
the Security, including, but not limited to, default undc? the First Lender Deed of Trust, the First
Lender Note or any other deed oftrust encumbering the Property, eminent domain, insolvency,
code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the
City, at the City's option, upon notice to the Borrower, may make such appearances, disburse
such sums and take such action as it determines necessary to protect the City's interest, including
but not limited to, disbursement of reasonable attorney's fees and ently upon the Smrity to make
repairs.
Any amounts disbursed by the City pursuant to this paragraph, with interest thereon, will become an indebtedness of the Borrower secured by this Deed of Trust. Unless the Borrower and
City to the Borrower requesting payment thereof, pd will bear interest from the date of
City agree in writing to other terms of payment, such amount will be payable upon notice from the
disbursement at the lesser of (1) ten percent (10%) per annum or (2) the highest interest rate
permissible under applicable law. Nothing contained in this paragraph will require the City to
incur any expense or take any action hereunder.
9. Inspection. The City may make or cause to be made reasonable entries upon and
inspections of the Security; provided that the City will give the Borrower reasonable notice of
inspection.
10. Forbearance bv the Citv Not a Waiver. Any forbearance by the City in exercising
procurement of insurance or the payment of taxes or other liens or charges by the City will not be
any right or remedy will not be a waiver of the exercise of any such right or remedy. The '
a waiver of the City's right to accelerate the matutity of the indebtedness secured by this Deed of
Trust. ..
11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or
afforded by law or equity, and may be exercised concurrently, independently or successively,
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12. -rs and lens Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the City and the Borrower subject to the provisions of this Deed of Trust.
13. joint and several. Joint and Several Liability. All covenants and agreements of the Borrower shall be
manner, all notices required in this Deed of Trust shall be sent by certified mail, return receipt
requested or express delivery service with a delivery receipt, or personally delivered with a delivery receipt obtained, and shall be deemed to be effective as ofthe date shown on the delivery
receipt as the date of delivery, the date delivery was refused, or the date the notice was returned as undeliverable as follows:
14. N&c,x. Except for any notice required under applicable law to be given in another
To the Owner: ..
At the address of the Borrower.
To the City:
City of Carlsbad
Housing and Redevelopment Department
Attn: Housing and Redevelopment Director
2965 Roosevelt Street, Suite B
'- .....
Carlsbad, CA 92008-2389
in address to the other parties in accordance with this section.
The parties may subsequently change addresses by providing written notice of the change
governed by the laws of the State of California.
IS. Controllie Law. This Deed of Trust shall be construed in accordance with and be
16. Invalid Provisions. If any one or more of the provisions contained in this Deed of
Trust or the Note shall for any reason be held to be invalid, illegal or unenforceable in any respect,
then such provision or provisions shall be deemed severable from the remaining provisions, and
this Deed of Trust and the Note shall be construed as if such invalid, illegal or unenforceable
provision had never been contained in this Deed of Trust or the Note.
17. CaDtions. The captions and headiigs in this Deed of Trust are for convenience
only and are not to be used to interpret or definethe provisions hereof.
18. Default: Remedies. Upon the Borrower's breach of any covenant or agreement of
the Borrower in this Deed of Trust, including, but not limited to, the covenants to pay, when due,
any sums secured by this Deed of Trust, the City, prior to acceleration, will send, in the manner
set forth in Section 14 of this Deed of Trust, notice to the Borrower specifying: (I) the breach;
(2) if the breach is curable, the action required to cure such breach; (3) a date, not less than thirty
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(30) days from the date the notice is effective as set forth in.Section 14 of this Deed of Trust, by
which such breach, ifcurable, is to be cured; and (4) if the breach is curable, that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums
secured by this Deed of Trust and sale of the Security. Notice shall be effective as of the date
shown on the delivery receipt as the date of delivery, the date delivery was refused or the date the
notice was returned as undeliverable. The notice will also inform the Borrower of the Borrower's
right to reinstate after acceleration and the right to bring a wurt action to assert the nonexistence
of default or any other defense of the Borrower to acceleration and sale. If the breach is not
curable or is not cured on or before the date specified in the notice, the City, at the City's option.
without hrther demand and may invoke the power of sale and any other remedies permitted by
may: (a) declare all of the sums secured by this Deed of Trust to be immediately due and payable
California law; (b) either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
the Security, in its own name or in the name of the Trustee, and do acy acts which it deems
security, enter upon the Security and take possession thereof (or any part thereof) and ofany of
necessary or desirable to preserve the value or mark9ability of the Security, or part thereof or
interest therein, increase the income therefrom or pro<& the security thereof. The entering upon
and taking possession of the Security shall not cure or waive any breach hereunder or invalidate
any act done in response to such breach and, notwithstanding the continuance in possession of the
Security, the City shall be entitled to exercise every right provided for in this Deed of Trust, or by
law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c)
commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
specifically enforce any ofthe covenants hereof; (d) deliver to the Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil
Code Sections 2924, m., as amended from time to time; or (e) exercise all other rights and remedies provided herein, in the instruments by which the Borrower,acquires title to any Security,
or in any other document or agreement now or hereafter evidencing, creating or securing all or
any portion of the obligations secured hereby, or provided by law.
the remedies provided in this paragraph, including, but not limited to, reasonable attorneys fees.
The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing
19. Acceleration. Upon the occurrence of a default under the Note, this Deed of Trust, the First Lender Note, or the First Lender Deed of Trust, the City shall have the right to
declare the full amount of the principal along with any interest under the Note immediately due,
and payable. Any failure by the City to pursue its legal and equitable remedies upon default shall
the Note and this Deed of Trust. Nor shall acceptance by the City of any payment provided for in
not constitute a waiver of the City's right to declare a default and exercise all of its rights under
the Note constitute a waiver of the City's right to require prompt payment of any remaining
principal and interest owed. ,,
20, Borrower's Rieht to Reinst&. Notwithstanding the City's acceleration of the
begun by the City to enforce this Deed of Tmst discontinued at any time prior to five (5) days
sums secured by this Deed of Trust, the Borrower will have the right to have any proceedings
time prior to entry of a judgment enforcing this Deed of Trust if: (a) the Borrower pays City all
before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any
sums, if any, which would be then due under this Deed of Trust as if acceleration under the Note
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has occurred; (5) the Borrower cures all breaches of any other covenants or agreements of the
Borrower contained in this Deed of Trust; (c) the Borrower pays all reasonable expenses incurred
by City and the Trustee in enforcing the covenants and agreements of the Borrower contained in this Deed of Trust, and in enforcing the City’s and the Trustee’s remedies, including, but not
limited to, reasonable attorney’s fees; and (d) the Borrower takes such action as City may
reasonably require to assure that the lien of this Deed of Trust, City’s interest in the Security and
the Borrower‘s obligation to pay the sums secured by this Deed of Trust shall continue
unimpaired. Upon such payment and cure by the Borrower, this Deed of Trust and the
obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
Trust, the City will request the Trustee to reconvey the Security and will surrender this Deed of
Trust and the Note to the Trustee. The Trustee will reconvey the Security without warranty and
without charge to the person or persons legally entitled thereto. Such person or persons will pay
all costs of recordation, if any. ..
21. Reconvevana. Upon payment or forgiveness of all sums secured by this Deed of
22. Substitute Trustee . The City, at the &fYs option, may from time to time remove
the Trustee and appoint a successor trustee to any trustee appointed hereunder. The successor
trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.
23. Subordination to First Mw. Notwithstanding any other provision hereof,
the provisions of this Deed of Trust shall be subordinate to the lien of the First Lender Deed of
Trust and shall not impair the rights of the First Lender, or the Fist Lender‘s successor or assign,
to exercise its remedies under the First Lender Deed of Trust in the event of default under the
First Lender Deed of Trust by the Borrower. Such remedies under the First Lender Deed of
Trust include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure.
After such foreclosure or acceptance of a deed or ,assignment in lieu of foreclosure, or upon
assignment of the First Lender Deed of Trust to the Secretary of the United States Department of
Housing and Urban Development (the ‘%cretary‘3, this Deed of Trust shall be forever terminated
and shall have no further effect as to the Property or any transferee thereafter; provided, however,
if the holder of such First Lender Deed of Trust acquired title to the Property pursuant to a deed
or assignment in lieu of foreclosure, or if the First Lender’s Deed of Trust is assigned to the
assignment to the Secretary provided that (i) the City has been given written notice of default ,
Secretary, this Deed of Trust shall automatically terminate upon such acquisition of title, or
under such First Lender Deed of Trust and (ii) the City shall not have cured or commenced to
the form and substance acceptable to the First Lender. Borrower agrees to record any necessary cure the default within such 30-day period and given its firm commitment to complete the cure in
documents to effect such termination, if applicable.
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010241
or any provision of this Deed of Trust or the Note, the prevailing party shall be entitled to its attorneys fees and the cost of such action or proceeding.
24. Attornev's Fees. If any action or proceeding is brought to enforce this Deed of Trust
IN WITNESS WHEREOF, the Borrower has executed this Deed of Trust as of the date
first written above.
PAUL F. MULLEN
(Print Name)
..
Borrower
LORNA MuLLm
(Print Name)
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010242
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) )ss
$%*? &b\: e
,2001, before me f 6 b;, personally appeared
au\ 'S. tv\u\!~n satisfactory evidence) to be the person(s) whose name@) idare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in hidherhheir authorized
upon behalf of which the person(s) acted, executed the instrument. capacity(ies), and that by hishedtheir signature(s) on the instrument the person(s) or the entity
WITNESS mv hand and official seal
me (or proved to me on the basis of
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) g,d.*c
fiC6b, , f3oLm
L2:.&.,7,, !e.,
,2001, beforeme
, -E$ me (or proved 'to me on the basis of
personally appeared
instrument and acknowledged to me that hdshe/they executed the same in hiherhheir authorized
satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within
upon behalf of which the person(s) acted, executed the instrument.
capacity(ies), and that by hishedtheir signature(s) on the instrument the person(s) or the entity
WITNESS my hand and official seal.
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ORDER NO. 506241-5
010243
&&,‘bj) 4“
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
A CONDOMINIUM COMPRISED OF:
PARCEL 1 :
AN UNDIVIDED FRACTIONAL INTEREST AS TENANTS IN COMMON IN AND TO THE
BUILDING ENVELOPE IN WHICH THE LIVING ‘UNIT DESCRIBED IN PARCEL 2 BELOW IS
LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF LIVING UNITS WITHIN THAT
BUILDING ENVELOPE; BEING A PORTION OF LOT 1 OF CITY OF CARLSBAD TRACT 98-15
RANCHO CARRILLO VILLAGE “B”, ACCORDING TO MAP THEREOF NO. 14002, FILED WITH
THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON JULY 18,2000.
EXCEPTING THEREFROM EACH LIVING UNIT LOCATED WITHIN SUCH BUILDING
ENVELOPE, AS SHOWN ON THE CONDOMINIUM PLAN DESCRIBED IN PARCEL 2 BELOW.
RESERVING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION AND USE OF ANY
EXCLUSIVE USE AREA SHGWN ON CONDOMINIUM PLAN DESCRIBED IN PARCEL 2
BELOW.
FURTHER RESERVING THEREFROM ALL ,THE RIGHTS AND EASEMENTS SET FORTH IN
THE DECLARATION OF RESTRICTIONS FOR SERRANO AT RANCHO CARRILLO (THE
“DECLARATION) AND THE MASTER DECLARATION OF RESTRICTIONS FOR RANCHO
CARRILLO (THE “MASTER DECLARATION’) (SUCH DECLARATIONS ARE DESCRIBED
ABOVE), INCLUDING, BUT NOT LIMITED TO, THE EASEMENTS FOR INGRESS, EGRbSS AND
GENERAL UTILITY PURPOSES AND GRANTORS RIGHT AND EASEMENTS TO CONSTRUCT
AND MARKET RESIDENCES AND CONSTRUCT RELATED IMPROVEMENTS.
.. .
PARCEL 2:
2000 AS DOCUMENT NO. 2000-0534956 AND RE-RECORDED FEBRUARY 16,2001 AS FILE NO.
LIVING UNIT NO. 2 AS SHOWN UPON THE CONDOMINIUM PLAN RECORDED OCTOBER 5,
2001-0092231, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA (THE
“CONDOMINIUM PLAN”).
RESERVING FROM PARCEL 2 ALL RIGHTS AND EASEMENTS SET FORTH IN THE
DECLARATION AND THE MASTER DECLARATION.
PAGE 10
ORDER NO. 506241-5
010244
PARCEL 3:
,NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY
NOW OR HEREAFTER OWNED BY THE ASSOCIATION AS SET FORTH IN THE
DECLARATION.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS
AND EGRESS AND DRIVEWAY PURPOSES AND FOR THE USE OF PRIVATE STORM DRAINS,
OVER, UNDER, ALONG, ACROSS AND THROUGH THAT PORTION OF LOT 207 OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 13582, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA ON JUNE 10, 1998 AS FILE NO. 1998-0352224 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 207; THENCE ALONG THE
EASTERLY AND SOUTHERLY PROPERTY LINES THEREOF, THE FOLLOWING COURSES:
SOUTH 22’16’38” WEST 53.04 FEET; THENCE SOUTH 24’20’16” WEST 50.74 FEET TO THE
TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT 58.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LlNE BEARS
NORTH 8794’36” EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35’27’52” A DISTANCE OF 36.21 FEET; THENCE SOUTH
33’23’24” WEST 230.96 FEET TO THE BE6IfhNG OF A NON-TANGENT 22.50 FOOT RADIUS
CURVE CONCAVE EASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 56‘34’59” WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
82’20’15” A DISTANCE OF 32.33 FEET; THENCE.SOUTH 48O55’15” EAST 23.42 FEET TO THE
BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02’22’29” A DISTANCE OF 4.14 FEET; THENCE SOUTH 51’17’44’’ EAST 54.80 FEET
TO THE BEGINNING OF A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 38’42’14” EAST: THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OS”33’30” A DISTANCE OF 9.70 FEET; THENCE SOUTH 45”44’15” EAST 51.08 FEET TO THE
BEGINNING OF A NON-TANGENT 48.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, TO WHICH A RADIAL LlNE BEARS NORTH 06O17’12” WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SA&) CURVE THROUGH A CENTRAL ANGLE OF
72O39’49” A DISTANCE OF 60.87 FEET; THENCE SOUTH 23”37’23” EAST 50.00 FEET TO THE
BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 1Io57’12” A DISTANCE OF 18.78 FEET; THENCE SOUTH 54‘25’25” WEST 10.00
90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE
BEARS NORTH 53’56’42” EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12”25’56” A DISTANCE OF 19.53 FEET; THENCE
NORTH 48”29’14” WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 45O55’59” A DISTANCE OF 38.48 FEET;
PAGE 11
CARLSBAD TRACT 97-02 RANCHO CARIULLO VILLAGES “A-D, IN THE CITY OF
FEET; THENCE SOUTH 53”07’09” WEST 58.01 FEET TO THE BEGINNING OF A NON-TANGENT
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ORDER NO. 506241-5
010245
THENCE NORTH 45’44’15” WEST 58.34 FEET TO THE BEGINNING OF A TANGENT 100.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02’04’27” A DISTANCE OF 3.62
FEET; THENCE NORTH 43”39’48” WEST 51.89 FEET TO THE BEGINNING OF A TANGENT
100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05’1 5’25” A DISTANCE
OF 9.18 FEET; THENCE NORTH 48’55’14” WEST 48.27 FEET TO THE BEGINNING OF A
TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
07”13’51” A DISTANCE OF 6.31 FEET TO THE BEGINNING OF A REVERSE 38.50 FOOT
RADIUS CURVE CONCAVE EASTERLY, THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 118O28’45” A DISTANCE OF 79.61 FEET; THENCE
LEAVING SAID PROPERTY LINE OF LOT 207 SOUTH 27”40’20” EAST 7.00 FEET TO THE
RADIUS CURVE CONCAVE
SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 27’40’20” WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
21°18’04” A DISTANCE OF 11.71 FEET TO TkE.BEG@NNG OF A REVERSE 25.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°15’17” A DISTANCE OF 21.93
FEET; THENCE NORTH 33“22’27” EAST 254.69 FEET; THENCE SOUTH 65’39’44” EAST 21.92
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE
CONDOMINlUIvl PLAN AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN
PARCEL 2 ABOVE.
BEGINNING OF A NON-TANGENT 31.50 FOOT
.. . .. .
JULY 2O.ZoOl 1:W PM JL
PAGE 12