HomeMy WebLinkAbout; LINCOLN SAVINGS & LOAN ASSOCIATION; 87-683782: Quitclaim Deed0 6- WWd /u-
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I I .RECORDING REQUESTED -.
t * LC g3Jj2zn EEgJZT cF Flzg "?-yzig&k .x. 2E.
City Clerk, City of Carlsbad
AND WHEN RECORDED MAIL TO r CITY OF CARLSBAD 1
NAME ATTENTION: CITY CLEM
jiDDRESS 12 00 ELM AVENUE
CITY & CARLSBAD, CA 92008
STATE L J Afd Xl ir: - \\ 8 -3v -
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- SPACE ABOVE THIS LINE FOR RECORDER'S US
r MAIL TAX STATEMENTS TO
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CITY &
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i'Lii tD Ob! FULL VMUE OF PROPERTY
I P;ITEU ON FULL VAL:IE LESS LIE
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."" $&: -e-.- $ '~. ,. . ,;+..$.; ~
l:>cdre :j; &~arant or znent detetmioinp :d
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t I I Corporation Ouitclairn Deed I
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FOR A VALUABLE CONSIDERATIOS, receipt of which is hereby acknowledged,
LINCOLN SAVINGS & LOAN ASSOCIATION,
A California state-chartered savings and loan association
a corporation organized under the Ia~.s of the State of California
do hereby remise. release and forever quitclaim to
THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
the following described real property in the CITY OF CARLSBAD
County of SAN DIEGO State of Cali
SEE ATTACHED EXHIBIT "A"
LINCOLN SAVINGS & LOAN ASSOC
A California state-chartered savir J?8Hk4&A- iq /45"? Dated Loan association
STATE OF C"+, ,4P-!xwq
COUNTY OF f&Xi"i C/$k ____~~_ 1 SS.
On~ac!".7*whrS" i9: \%e7 -______ before me, the under-
signed, a Notarv Public in and Lor said County and State, personally
knoz to me to be the-u$?*K!ddd..:
, known to me to II~
appeared Cy& 6 q. t"s/") ! ;
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___ -e-- - !I (2 P ' I l Secrerarp of the corporation that executed the FOR NOTARY SEAL OR within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or resolution of its board of
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EXtiISIT A
Tjf pLBT'E@J QF 1-0T 6 IN Sr"'-TPC\! -u I i\Jr 1 34 I TCM~lSHIF' 12 S'GUTk!, RAGE 4 %EST,
EIf3W31RO BASE AVD %2131.@l, IN THE CTfY OF CAF?LSBAS, CQJdTY OF S.5V DII
STATE OF CAI- IFC$iNIk p .c,lCG?DINS TO UN5" STATES ;;GE!WENT SLRVEY TYER i
Ya?E P,WTICl~Lfi2?iY DESfR13E3 AS FOLLOWS :
5EGTWING A? ?HE P$XTHEAST C!XtWB E SAID GOV.ERf@ZV?' LO? S AS SM
RECCRD OF SURVEY MAP NG. 9889, TILEE JAXG.mY 3, 1985, RECORDS OF SAN D:
CO&J!Y, CALIFWY!IA; TFENCE A?.%YG THE NmTHZSiY tIh!E OF SALD GOVEPJ\=~~T
6, NORTH 83"32'56" %EST .2. DISTPYCE OF : 035 I 73 FEET TO AN ANGLE PI
THEREIN: THWE CCRTINUINC; AL3G SAID NmTYmLY LINE, SOJfH 6C004' 4 I'! hy
DIST&'JCE OF 3 15.15 FEET "0 THE NrBiY~EST C%%!EA TEF7.EE; TEENCZ ALWG WESTERLY LINE OF SAXE SC?/EHWENT LCJT 6, sou'r;7! 00357 7 7 :?lv ms~ A GTST,!!&~;:E
I 12,01 FFZT TL7 A PC;INT Q\j THE m9THTTi-Y SI3ELPNE c: A 50 FmT \a,tIzE P,IGH'
WA'f KN&N AS LA CQSTA NdENUE AS SHCi+W CN COiRiY Cf S&d DIEGO ROm S&2fJE'(
179fk-65; "TEKE ALOVG SAID WJTHEWL'U' SIDELINE %!E FULL&'I~\JG %BEE COJRSE!
1. %%?Ti+ 72@25'25:' E&ST A DISTA%CE CF 22 1 . 13 FEET TO THE BEGINNIXG [
T.WGENT 7 359.55 FOOT RrnIUS C'dRVE CGh!CAVE SL;SIJT,EBST?3LY;
c r:. Tiiff\!CE PXQTHERLY fii-QxG T:{E $$C SF Sfi.79 Cz2j;E T:+RI'J\~G~ 'e, ZEp-RAL ,Lp?CL!
1 @I 1 7 59'' *q DIcJ-,&y--E Of ,y.&, 15 . rzrl-. I iL1,
3. THENCE SQJTS 89"22'35'! SST A DISTmCE OF 687.59 FFF" __I TO A POINT SN
D,STERLY LINE e- SAID GJVEF?T\,WT LOT 6;
THENCE ALGG SAX3 EASTER!-\{ LINE, NezTH 20037 '38:' hEST A nfST,@$CE OF 5:
FEET ?O THE DOEMT OF IrjEGI$$JINS.
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real propert.
conveyed by the deed or grant dated November 19, 1987
from Lincoln Savings & Loan Association
to the City of Carlsbad, California, a municipal corporatio
is hereby accepted by the City Council of the City of Carls
California pursuant to resolution No. 9311 , adopted
on December 8, 1987 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: December 9, 1987
By : ALCe dGNe% C:
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* , ' r, .. - aarzliS;u KtyUtST Of FIRST AM GB 0 87 66
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// J,L?., t ,, P "* 969
WHEN RECORDED MAIL TO: *
City of Carlsbad
200 Elm Avenue
CarPsbad, CA 92008
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SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WHICH YOUR SECURITY
INSTRUMENT ATTACHES AND HAS THE POTENTIAL
EFFECT OF EDUCING THE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT , made this 10th day OfNoVpm
by ESPOSITO DEVELOPMENT CQMPANY, a California rl1rn1t&Partnership ..
owner of the land hereinafter described and hereinafter refe:
. as "Owner, 'I and LINCOLN SAVINGS AND LOAN ASSOCIATION
present owner an(
of the deed of trust and note hereinafter described and here,
referred to as "Beneficiary";
-
WITNESSETH
THAT WHEREAS, ESPOSITO DEVEIDPMEWT CWANY, a California
Limited Partnership did execute a deed of i
July 9, 1987 , to FIRST AMERICAN TITLE
COMPANY , as trustee, covering
SEE cFm UGAL DEsc~€'TIoN ATI!AC€EII HERETO AND MADE A pm HEREOF
to secure a note in the sum of $, 7,200,000.00 , date(
9, 1987 , in favor of LINCOLN SAVINGS AND LQAN AS:
recorded July 13, 1987 , in book File/ page 87-38!
Official Records of said county; and
WHEREAS, Owner has executed, or 13 about to execute
grantor, a grant of easement dated Auqust 27, 1987
.* 6 .. 6 968 v*
* in favor of CITY OF CARLSBAD
as grantee herein referred to as "Easement Grantee," creatil
6asement more particularly described in Exhibit "A" attachel
and
%EREAS, it is a condition precedent to obtaining
easement that said grant of easement above mentioned shall 1
ditionally be and remain at all times a charge upon the 1anl
before described, prior and superior to the lien or charge (
deed of trust above mentioned-; and
WHEREAS, Easement Grantee is wi1I.ing to accept sa:
ment provided the grant of easement is a charge upon the ab(
described property prior and superior to the lien or charge
deed of trust above mentioned and provided that Beneficiary
specifically and unconditionally subordinate the lien or chc
of the deed of trust above mentioned to the lien or charge (
eaSeInent created in favor of Easement Grantee; arid
WHEREAS, it is to the mutual benefit of the partic
that Easement Grantee accept said easement and Beneficiary j
willing that the grant of-easement shall, when recorded, cor
a charge upon said land which is unconditionally prior and :
to the lien or charge of the deed of trust above mentioned.
NOW, THEREFORE, in consideration of th2 mutual ber
accruing to the parties hereto and other valuable considerat
receipt and sufficiency of which consideration is hereby ack
and in order to induce Easement Grantee to accept- said easerr
referred to, it is hereby declared, understood and agreed as
follows :
(I) That said easement in favor of Easement
Grantee shall unconditionally be and renain
at all times a charge on the propzrty therein
described, prior and superior to the lien or
charge of the deed of trust above mentioned.
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4' 1% 0 " ." 969 e
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* (2) That Easement Grantee would not accept said easeme
above described without this subordination agreemc
1 .
(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, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charg
thereof to another interest in the real property
therein described.
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and 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 re1
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, and that speci
monetary and other obiiqations are being
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.v and will be entered into by the Easement
4 Grantee, other lenders and title insurance
companies which would not be made or
. entered into.but for said reliance upon
this waiver, relinquishment and subordina- .
tion; and
(c) An indorsement has been placed upon 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 ease-
ment in favor of Easement Grantee above referr
to.
. LINCOLN SAVINGS AND LQp;N ASSCCIATIclN ESPOSITO DEVELOPIvlENT CWN, i
Limited Partnership
BY: ESPO COW., a California Cc
General Partner
BY
BY : y&f&C~,g&
J&s C . Espsito , ' Secrc
BY: ESPOSITO PROPERTIES, a Cal:
General Partnership
@res C. Espsikio, Ehac
General Partner
IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORD:
AGREEMENT, THE PARTIES CONSULT NITH THEIR ATTORNEYS WITH ESP]
THERETO.
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FA Form 1 (Existing Deed of Trust to New Easement)
9 J-i Z-Sn?fiJ Y6.k STATE O.F &-A .c 1 -ss. 0 PPB LW 1 ,. 4, I- a
FP, c ;$ " On this the-_.- _.__ -_./L_ __~~-_~_-. day of--~- -..~.- -~-_~~~ 19~.:1, before me, the undersigned, a Notary Public in and fj
COUNTYOF_~.._._-.-..~-..~-.-.- 'Sm-r 'W FA u- _~___
a,-
2 r/) said State, personally appeared -Ld fl -f !'i ; k s. -E r p '- k ic- L r
c- 4 PI ;?/VL +"& (-
, ta ___" -is ~ { - .-.~ ~~ - .~ "_." ~.~~.~~"~ .~ ~- ~~ ~~ ~ ."~ -~- ~
0 personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as tt
c ~"~.~~_~...~ v "_" ( c e- ..-_ .. ~~ -.___ President, and !."/f% """ ~- "" .__~.~_ ~ ~~ ~ ~" ~
tu ,A' ?'&"___"~
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a
(I)
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a personally known to me, or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as tl / Secretary of 2-L" -~ . ~~. .~~ ~ ~
' I &/p& \ r/) "__" @ s&b' ; ~~~~~~~~6~~~~~~~~~~~"~ the corporation that FOR NOTARY SEAL OR STAMP
0 ' executed the wlthln Instrument e&ekdbf 0 I
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L 1 "__~ "" ~ _"" __"_
h cu
... At, and acknowledged to me
that such corporation executed the same -CM&
' wekpWaershipexecllted the-same. > a Q) WITNESS m hand and official seal,?
cnm 6; i 5Cva
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Signature I
VInr~ VI VT\LII vnlYlM 1SS. F , COUNTY OF..__S~.~DIEGO._______.~-__~_ -..--I
Q November 13, 1987 5
01 On-- -~. .... ~___ ~- ..~ --~ .. -, before me, the undersigned, a Notary Public in and for
Ci said State. personally appeared_JameS-C.s~p~sit_o__~__ --._ ~ ..-... _.-~-.-~~.-~ ~~ - - - " t- _"~ "" -~ .__ ~- "~~___ ".~ """". ~~. ".." - "" ----.-~- ..--""------~- ~~"_~~ _."
"
; ___"~~.." "...."". " "" -- "" "" ~ . ~~~-
L a, E
Q c personally known to me 2
"" - "".. - "".._"... __ """_"" -~.-- ~--"-"--"""" "~--"-----" .. .
._ LL f-to be-
1 ._ Q instrument as manaq_i_nq_genera~._partnerlsl,
8 CHiRYt KOSHICK 2 o on behalf of-.- _._____.- ~-__ __ . flDTw fuf&tC . CALIFORNIA
5 ESPOSITO PROPERTIES k the partnership a, SAN 14: .a CIMNTY
Pii'lNiW UFFtCf IN
therein named and acknowledged to me that the partnership MY Commksim Expires Spmh i6. 1911% L co executed it.
(D . -,.a.B~B~~~=~~~~*~~~-.~*~~.~ -
(This area for official notarial seal)
" -~ " - e
c STATE OF CALI 'E COUNmOF _6aRNNIPb~~~~
a
ISS. - L m November 13, 1987 On- , before me, the undersigned, a Notary Publlc In and for
2 said State. personally appeared James c - Esposito c * ._ E , personally known to me w
om s'
rnE President and Secretary. on behalf of
20 ~ ESP0 CORP
_1 2 ," " catifto be the Person who executed the within instrument as -
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: $ the corporation therein named.andacknowledged to me thatsala
w b corporation executed the within instrument pursuant to its by-
m : bWSora resoiution of its board of directors, said corporation being
+ a known to me to be the general partner of ~
g: the limited partnership that executed the within Instrument. and , acknowledged to me that such corporation executed the same as - such partner and that such partnership executed the same.
&? .- gz ESPOSITO DEVELOPMENT COMPANY ?E
c-4 ?? 'E
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I "%?+a" OFFlrJlAt SEAL CW2RYL XUSNCCK
NOTARY PUBLIC . CALIFORNIA
PRINCIPAL OfFlCE IN
SAN OIEGO COUNTY 1 In#" My Commission Expits Sep&mber 16, 2988 $
(This area for official notarial seal)
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LEGAL DESCRIPTION
THE LAND REFErnED To IN THIS REPOZT IS SITUATED IN THE STATE
CALIFr3P31Rg CCIU%\TT'I OF SAX DIEC-G, ,AND IS DESCRIBED AS FOLLOWS:
PARCEL l-w:
THAT PORTION OF LOT 6 DF THE NORTHEAST QUARTER 61;' THE SOUTHl
QUAK%"ER OF SECTION 34, TOWNSHIP 12 SOUTH, FUlNGF: 4 WEST,
BE.RN-%RBLNO SASE ANT) MERIDIAN, IN ."IE COUNTY OF SAN DIEGO, STAT1 T:ALJFOPXIA, WC20RDING TO THE UNITED STATES GDVEPJ?MEWT SURWY THER:
LX'EIG WITKIN THE FOLLOWING DESCRiBED PROPERTY:
COMT4ENCIWG AT THE NORTI'X?ESTERLY CORNER OF SAID LOT 6; THENCE S{
00" 57 '3.2'' EAST ALONG THE WESTERLY LINE 34.70 FEET TO TEE TRUE PC
OF BEGINNING; THENCE NORTH 52"5865411 EAST 154.41 FEET X0 BEGINMIME OF A TANGENT 1,440 FOOT RADIUS CURVE CONCAVE SOUTHE!
TKENCE EASTERLY ALONG SAID CURVE TH3OUGE-I k CENTXAL XJGLE OF 18" 11
THZNCE SCUTE 89"57f52'1 EAST 300.06 FEET; ITEENCE SOLTH 88"49s07'* 1
EAST AEON@ THE EASTERLY LINE 108.73 FEET; THENCE NORTH 39"33
WEST, 5.22 FEET TO A POINT 'CN THE ARC OF A MON-TANGENT, 20 a 00 I
RADIUS CURVE, CONCAVE SOUThWESTERLY I A F3lDIAL LINE TO SAID P(
BEARS SOUTH 89 o 33 t 58" EAST; THENCE NORTHWESTERLY ALONG THE ARC
SAID CURVE TEiRUUGM A CENTRAL ANGL3 OF 89O1.5 9 09" A DISTANCE: OF 3:
FEET; THENCE MORT13 01"10'53" EAST, 3.00 FEET; THEKCE NORTH 88'49
b7TEST, 652.67 FEET TO A POINT HEREIN DESIGNATED POINT !*A" ; THI CQN'Z'hhRJING NORTH 83 "491c)7ti WEST, 50.00 FEET TO A POIMT DESIGMi
POINT rrBrr; THENCE CQNTIN'JING NORTH 88"49 107sF WEST, 4.45 FEET TO
BEGIMNHNG OF A TANGENT, 1,360.00 FCOT RADIUS CURVE, CON(
CENTRAL ANGLE OF L8°P1s591t W DISTANCE OF 432.00 FEET; THENCE TAN(
TO SAID CURVE SOUTH 72"58 $54$' WEST, 3.77.45 FEET TO THE WESTERLY I
OF SAID LOT 6: THENCE NDRTH 00" 57 s 12" WEST ALONG THE WESTERLY 1
83.25 FEET TO TEE TRUE POINT OF BEGINNING.
'GOGETHER WITH TIiE PRIVILEGE ANE? RIGHT TO EXTEND DRAINAGE STRTJCTI
AN3 EXCAVA.TIQN AND EMBIIFJKMENT SLOPES 35 FEET BEYOND THE LiMITS OF
HEREIN DESCRIEED RIGHT-OF-WAY X" RTQUIRED FOR THE CONSTRUCTION
YAiZNTENmCE OF SAID PUBLIC HSSFIAY.
A DISTANCE OF 457.41 FEET; TSZNCE SOUTK 85'4>9'07" EAST 404.45 F1
24.45 FEET TO' TEIE EASTERLY LINE OF SAID LOT 6; THENCE SOUTE 00"37
SCUTWERLU; THENCE WESTERLY ATLUNG THE ARC OF SAID CURVE THROUG
,/'PXRCEL 2-Bt
-. 'i'OGETHER WITH THAT PORTIO?< OF SAID LOT 6 LYING 10.00 FEET SOUTH]
OF AND PXRALLEL >J?D CCXUEXTRIC WITH THE FOLLOWING DESCRIEED EIIiE:
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BEG;INNJPJG AT SAID POINT "A,'? I" TMENCE NORTH $8 O 49 ' O?'g WEST, 54.45 F
TQ THx BEGINNXN@ QF kg TANGENT, 1 t 3 60 FQQT RADIUS LVRVE I COMC
SQU%ElEWLY f TB.E2ZCE WESTERLY ALQXG THE PiZC OF SAID C.??VE TIlXOUGl
P,ENT~~~L ;h,g~I,g OF 18 O 11 5 53'2 A CZSFLVCE QF 432.30 FEET; THEIXE TANG TQ SAID CURVE SOUTB 72 058 8541' .(7- NLST, 120.85 FEET TO THZ POINT
TEP24I?.TUS .j
\ji;ARC;'L 3-B:
As0 TOGETHER WIT% THAT PORTION OF SAID LOT 6 LYING WITHIN A 4C
FOOT WIDE STRIP OF LXYD LYING S0e'TPHERZ.Y OF AND PWALmL TO
CONCENTRIC BrxTM TIE FOLLOWING DESCRIBED LINE:
CO~ENCHNG AT SAID POINT rsBrs: THENCE SOUTH 01°3.0153t1 WEST, 10- 00 E
TO THE TRUE POINT OF BEGINNING I; THENCE NORTH 8% "49 $07;' %JEST, 4
FEET TO THE BEGINMING OF A TANGENT, 1,350.00 FOOT RADIUS CUF
@ONCAVE SQUTBERLY; THENCE WESTERLY ALONG THE ARC OF SAID er
'mROUGM A CENTRAL ANGU OF 11°42552p' A DISTANCE OF 2'96.02 FEET TO
PGl1tL"T OF TERXZEUS I*
SAID 40. QO F6GT 'Gt'IDE STRIP OF JAND IS REQUIRED FOR THE PLACEHENS
TEE TIEBACKS FOR THE CRIB'JALL. FOR THE EXACT LOCATION OF
OFFXCE OF TH,E CITY ENGINEER OF SAID CITY. THERE SzEALL BE
EXCAVATIOPI, BUILDIMG OR CONSTRUCTION OF ANY KIND WITHIN SAID 4C FQQT WIDE STRIP OF TLAND WITX-IOUIT THE APPROVAL OF THE CITY ENGINEER
?'HE CITY OF CARLSBAD,
Prn.CE L L -- e :
THAT PORTION OF I.QT 6 OF S3CTICN 34, TOKTSHIP 12 SOUTH, MGE 4 WE
SWN BEmmDINB BASE AND MEIIICDIAPid, IN THE CITY QF @AI$LSBAD, COUNTY
SWN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL 1
TMEREOF I DESCRIBED AS FOLLOWS :
COm4EbJCING AT TEE SOUTf4FV'EST CORNER OF LOT 13 OF SAID SECTION
231.85 FEET' TO THE TRUE POINT C3F BEGIkiNING I; THENCE CONTIt.KJING AI
SAID NORTHERLY LINE, NORTH 6;8"39'36" EAST, 88-15 FEET; THENCE sc
86"50'!5501' EAST, 142.91 FEET TO A POINT HEREIN DESIGNATED POINT I'
THENCE SOUTH 69"24?46'? WEST, 198,91 FEET; TKENCE NORTH 56"OO'
WEST, 65.00 FEET; THENCE NORTH 58"30'50" EAST, 17.95 FEET TO THE II
POINT OF BEGINNING I.
PARCEL 2-42:
TOGETHER WITH THAT PORTION'OF SAID LOT Gf EESCRIBED AS FOLLOWS:
TIEBACKS, SEE CITY OF cmrsmD DRAIJIPU'G NO. 270-5 ON FILE IN
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6, NORTH 68 o 39 ' 36" El
COILMENCING AT SAID POINT ?SA~J : THENCE SOUTH av5o 150~' EAST, 8.53 I TO THE TRUE POINT OF BEGINNING 11; THENCE CONTINUING SOUTH 86050 f
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EAST, ~BI.OQ mm; THENCE SOUTH 59ooo~oo8*~ EAST, 28.84 FEET; THI BoRTH e39"90~O01~ WEST, 215.013 FEET; THENCE NORTH 55"OQ~OOp1 WXST, 4( FEET TO THE TRUE PBEPJT OF BEGINNING 11.
ALSO TOGETHER wrrm THE RIGE~T GF INGRESS AND EGRESS OYER, UM~SE~,
A.CRBSS SAID GRANTOR'S ~ANB (INCLUDING wrs SUCCESSORS AND WSSPGI
AND TEE RIGHT TO INSTALL, CQNSTRUCT, MAINTAIN, REFAIR, WEPL
RECONSTRUCT AND INSPECT JAY WATER SUPPLY SYSTEM OR GRADING BE]
NECESSARY FOR THE MITIGATION REQUIREMENTS OF THE CALIFORNIA CQA:
CBMTIISSZQN AND CITY OF CARLSSAD.
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