HomeMy WebLinkAbout1969-05-29; City Council; Resolution 1608RESOLUTION NO. 1698
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CERTAIN DOCUMENTS
ENTITLED "GRANT DEED," "AMENDMENT OF LEASE" AND "AMENEMENT OF SUBLEASE AND AGREEMENT"
WHEREAS, this City Council has heretofore approved
certain documents entitled "Grant Deed, "Lease and Agreement, I' and
Sublease and Agreement'' which relate to the acquisition of certain 11
property for public parking purposes by said City and Parking
Authority of said City; and
WHEREAS, said parking facilities shall be adjacent to
that certain shopping center known as "Plaza Camino Real Center;"
and
WHERE3AS, it is necessary that the description of property
b be conveyed to the City be amended to conform to the final
locations of buildings and of said parking facilities within said
shopping center; and
WHEREAS, there have been presented to the City Council
certain documents entitled "Grant Deed, I' "Amendment Of Lease, 11
and "Amendment of Sublease And Agreement, 'I which documents
contain revised legal descriptions of the properties which
shall comprise said parking facflities;
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does hereby FIND, RESOLVE, DETERMINE AND
ORDER as follows:
Section 1. That said document entitled "Grant Deed, It
11 tr a copy of which is attached hereto as Exhibit
hereby is approved and accepted in accordance with the provisions
A be and
of Section 2'7281 of the Government Code.
Section 2. That that certain agreement entitled
"Amendment Of Lease," attached hereto as Exhibit "B" be and
hereby is approved.
Section 3. That that certain document entitled "Amendment
Of Sublease And Agreement," attached hereto as Exhibit "C" be
and hereby is approved and the Mayor and City Clerk are hereby
authorized to execute same on behalf of the City.
AEOPTED, SIGNEE AND APPROVED this 29th day of April,
d,-
Caiifornia -
ATTEST:
rk of the City of , California
2.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CARLSBAD
I, Margaret E. Adams, City Clerk of the City of
Carlsbad, Ca ifornia, CO HEREBY CERTIFY that the foregoing
resolution was duly adopted by the City Council of said City
and was approved by the Mayor of said City at a special meeting
of said City Council held on the 29th day of April
1969, and that it was adopted by the following vote, to wit:
J
AYES: Councilmen Dunne, McComas, Neiswender
and Castro.
NOES :
ABSENT:
None
Councilman Jardine
California
EXHIBIT "A"
'v . '-'
GRANT DEED -
c Pursuant to the provisions of Section 37354 of the -
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Government Code of the State of California, the undersigned PLAZA
CAMINO REAL, a Limited Partnership organized and existing under
the laws of the state of California the general partner of which is The
May Stores Shopping Centers, Inc. , ("Grantor"), hereby grants to
-i I CITY OF CAHLSRAD, a municipal corporation,
("Grantee") , the following described real property in the State of
California, County of Los Angeles, City of Carlsbad, more particular-
ly described 3s follows:
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ALL THAT REAL PROPERTY SITUATED WITHIN THE CITY OF CAPJABAD, IN THE %OUETY.OF SAN DIEGO, STATE OF' CMJIFOZXIA, BEING THAT
PORTION OF SECTION 32, TOI4NSHIP 11 SOUTH, R3XGE: 4 WEST, SAN
BERNARDINO EASE AND NERIDIAN, ACCORDING TO OFE'JCiAL PLAT
THEREOF, TOGETHZR VITII POKTIOXS OF LOTS 13, 14, and 42, AXD OF'
EUCALYPTUS STREET, ALL OF HOSP EUCALYPTUS FOEST CO!*'IPANV'S TPGCT,
ACCORDING TO f*WP THE2EOF NO. 1136, FILED IH T€iZ OFFICE OF COUXTY
WCORDEIi OF SAN DIEGO COUNTY, BEIRG DESCRIBED AS h PIEOLE AS FOLLOVjS:
BEGINNIRG.AT THE: SOUTHEAST CORNER OF THE K0RTE.I HALF OF TEE h70RTiiE~iST
QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RRXGE 4 WEST, THENCE ALOXG
THE SOUTH LIHE OF SAID PY'O2TH FALF, NORTH 89' 42' 19" WEST 404.27
FEET TO POINT "A" OF THIS DESCRIPTION; THENCE DUE SOUTH 424.67 FEET;
THEICCE EAST 339.54 FEET ; THENCE NORTiI 30" 00' 00" WEST 35.92 FEZT
TO THE BEGINNIXG OF A TANGZNNT CURVE COXCAVS SOUTHWESTEPLY AKD HAViL;G
A RRDIUS OF 15 .OO FEET; TKEKCE h'ORTHV7ESTZRLY AKID FESTERLY ALOXG TEZ
Ak" OF SAID CUZVE THZOUGH X CEXTEVL ANGLE OF 60' 00' 00" A DIS'i'AKCE
OF 15.71 FEET; TIIEKE TANGENT TO SAID CUZVE, TU'EST 43.05 FZET; TilEXCE
NORTH 63.17 FEET TO THE BZGIK'NIKG OF A TAXGENT CUSVE COXCAVE SOUT2-
EASTE~LY AND ILWING A RADIUS OF 10.00 FEET; TI-IEMCE KORTEEZLV,
EORTHEASTESLY A3D EASTERLY ALONG TEE ARC OF SAID CURVE TEiR0UGi-I A
CEN3'R.U AXGLE OF 90" 00' 00" A DISTASCE OF 15.71 FEET; THEKCE TAKiG::ST
9'0 SAID CUWE EAST 2.38 FEET TO THE BEGINJIXG OF A TAh'C-EX'T CURVE: . CONCAVE KOYl'HlQEST5RLY AND EIAVIXG A RmiUS OF 25 .OO FEET; THE'liCE .
EASTFXLY , RORTXEASTEARLY AX9 XORTIIERLY ALONG 5'22 ARC OF SAID CWWE
THROUGH A CEXTPJ-L AKGLE OF 90" 00' 00" A DISTAXCE OF 39.27 FEET;
"kf-IEhTCE TANGF3Ti' TO SAID CUZVE KORTH 13.67 FEET TO THE BEGINiL'ING OF
A TAXGENT CURVE CONCAVE SOUTHEASTERLY AXD EXVIXG h XADXUS OF 10.00
FEET; Ti1F;NCE EORTHERLY, h'ORT€IEASTERI,Y , AND EASTERLY ALOXG THE ARC
OF SAID CURVE TIfSOUGH A CENTLlL ANGLE OF 90' 00' 00" A DXSTANCi;: OF
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15.71 FEET; !i'HE.:SCE TANGENT TO SAID CURVE, EAST 140.00 FEET; THESCE
SOUTH 60" 00' 00" EAST 90.00 FEET; TXENCE EAST 185.24 FEET TC! THE
BEGINNIKG OF A TANGENT CURVE CONCAVE SOUTEi:*7ESTERLY AND HAVIX A
MDIUS OF 10.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE
OF 12.22 FEET;
ARC OF SAID CURVE THROUGH A CEXTRAL ANGLE OF 700 ow oo" A DISTANCE
'.:. THEMCE TANGENT TO SAID CURVE SOUTH 20°00'00" EAST 21~72 FEETI
. ?0O0O'0Ot~ EAST 326e42 FEET! THENCE SOUTH.20°00'00t' EAST 76000
THEXCE SOUTH 30810 FEETI THENCE EAST 232t88 FEET! THENCE NO2TH :. . -
.. . . . TEETI THENCE SOUTH 70000~00~t WEST 45@00 FEETI THENCE SOUTH -. 20000'00t1 EAST t90.00 FE€TI THENCE SOUTH 70000f001i \!EST 329a06 .. - FEET! THEKCE: SOUTH 20°00'00'f EAST 62400 FEET! THENCE SOUTH .. ' 70O00'0011 WEST 89.48 FEETI THENCE SOUTH 20000tOOf1 EAST 20tOO .. .. FEETI THENCE SOUTH 70°001001t \EST 271.17 FEETI THENCE NOiiTH
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I . 20O0O1OOf' WEST 60097 FEETI THENCE %'EST 680433 FEET TO A LINE '
'. . WHICH BEAr7S SOUTK FRO;*t THE HEREINABOVE DESIGNATED POINT tlC,It~
THERCE ALONG SAID LINE9 SOUTH 274a86 FEET TO A LINE WHICH
BEARS SOUTH 76°30'00t''EAST FROM A POINT NHiCH BEARS SOUTH 22r99
BO'THE MAY STORES SHOPPiNG CENTERS INCo I RECORDED APZIC 21 s
.. .
-: .. . FEES FRON'THE
' 3966 AS INSTRUKEh'T NO8 66568 OF OFFICIAL RECO2OSt THENCE SOUTH
SOUTHXESTE8LY CORXER Or" LAND DESCRI8EO IN DEED
' ?6*30'00" EAST ALONG SAID LINE 339800 FEET 50 A POINT h'HICH . .
BEARS SOUTH 76°30t00'f EAST 1265.00 FEET FROM THE SOUTHERLY
--* TERMINUS OF THAT LINE DESCRIBED ABOVE AS "SOUTH 22r9.9 FEET'Ii
.-_ ' THE&CE EAST 740~00 FEEii THENCE NORTH 77015'51'' EAST 52.31 . . .FEET TO POINT Or" THfS DESCRIPTIONi THENCE NORTH 20000'00't
.. ?' SOUTH 12°44t091t EAST 326884 FEET TO A LINE WHICH SEARS KORTH
. . '?7°15i5111, EAST FROM SAID POINT lfB1f HEREINA2OVE DESIGNAiEO! PHEKCE KO2TH 77015'51" EAST 164'65 FEET TO AN INTERSECTION
. -.k!lTH.THE WESTERLY LiNE OF LAND DESCRfaED IN EiZSEr"IENT TO THE
WEST 54i89 FEETI THENCE NORTH 70000'00" EAST 572050 FEETI THEKCE
crsy OF CA~~LS~AD FOR PUaLrc HICHKAY PURPOSES, RECORDED BARCH .
819 1966 AS DOCUbIENT NO' 42245, OFFICIAL RECORDSt SAID IiVTERSECTIOS
-* -. BEIflG A POINT IN THE ARC OF A CURVE9 THE RADIAL CENTER OF WHiCH
-._. BEARS NO2TH 76°22'311f EAST 2563,OO FEET FROM SA10 POINTI THENCE
-THE ARC OF SAID CURVE THRC)UGH A CENTSAL ANGLE OF 9051'42" d
ALONG SAiD tlESTERLY LINE OF SAID EASEbiENT t NORTHERLY ALONG
DISTANCE OF 441114 FEET; TAKGENT TO SAID'CURVE, NORTH 3'45'47"
WEST 465~31 FEET THE&CE SOUTH 86O14'13" WEST 11OaOO FEETI .THENCE
310t00 FEET TO THE RESTEiiLY LINE OF SAID. EASEKtNT HEREIN 8tFOFIE
OVQRCH 3043t47." WEST 174e00 FEET8 THENCE NORTH 86°f4f13f1 LA3:,cT
B~~~~TIo~VEDI. THENCE CONTINUING ALORG s,ro WESTE~~LY LINE NO~UH
LIRE OF CALIFOUIA STATE HIGHWAY AS DESCRI8EB WOE8 PARCEL
3 IN DEED TO THE STATE OF CALIFORNIA RECO2DED 5EPTEb:aER 89
' 3°L;5t47'f WEST 20100 FEET TO AN INT€RSECTION WITH THE SGUTHERLY
.
-THE BOUKDARY Or' 5AIO STATE HIGHWAY AS FOLLO'kSI N0;ITH 56032'58'' i964 AS DOCirf'iENT NO1 163432 OF OFFICIAL RECORDS; TH'V LI CE ALONG
' 'WEST 100o34 FEET TO THE B€GINNING OF A NOR-TANGENT CU2VEs THE
150~00 FEET . .RADIAL CEiVTES OF h'li1Ci.l 8EAilS SOUTH 28O33I.27" WEST
'THEREFROx? THEiYCE WESTESLY ALONG THE ARC OF SAID CURVE THROUGH
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Q. . ' . .. -.
' .. . :. . -. . ..
-* .
.. . .- - . r.I.;:*' i . CENTRAL A~GLE OF 31°03'27" A DISTANCE OF 81831 FEET TO THE
*- .END THEREOF! THENCE NON-TANGENT TO SAID CURVE1 SOUTtj.89012t511~
. .. .WEST 167a13 FEET TO A POINT IN THE ARC OF A 285800 FOOT RADIUS
' . CUiiVt'9 CONCAVE SOUTHERLY, THE RADIAL CENTER OF GlHICH BEARS
_. -. .SOUTH 2°33'O01f EAST F2OM SAID POINTI THENCE WESTERLY ALONG
.. .. ARC OF SAID CURVE THROUGH A CENTiiAt ANGLE OF 35°C9113i1
.. * . A OISTAfiCE OF 125178 FEET TO THE BEGINNING OF A REVERSE CURVE . HAVING A RADIUS OF 95800 FEET! THENCE WESTERLY AND.NO2THPIESTERL.Y
'.At.ORG THE A2C OF SAID CURVE THROUGH A CENTiiAL ANGLE OF 1120
. THAT EASEMENT FOR DiiAINkGE PURPOSES DESC2IBED UNDER PARCEL
-: 89'331' A DISTAhCE OF 185096 FEET TO THE SOUTHEAST COiiNER OF
. .. 29 GRAXTEO TO THE STATE OF CALIFORNIA1 RECOROEO SEPTEKaER 8,
'1964 AS DOCUi"IEI\IT NO, 163432 OF OFFICIAL RECORDSI THENCE LEAVING
SAID CURVE AN3 SAID SOUTHERLY LINE Oi CALIFORNIA STATE HIGHWAYI
AND FOLLOWING ALONG THE SOUTHERLY AND RESTERLY LINES OF SAID
QRAIRAGE EASEKENir SOUTH 74O3Oi0Ot1 WEST 138188 FEET AND RORTH .
15*19'26""dEST 40885 FEET TO A POINT IN THE SOUTHE8L.Y LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO THE CITY OF
OFFICIAL RECO2DSr THENCE SOUTH 69530100ii WEST ALONG THE SOUTHE~LY
OCEANSIDE9 RECORDED APRIL 20, 1959 AS DOCUMENT ROB 77257 OF
LINE QF SAID PARCEL 1 A DISTANCE OF 614e20 FEET TO THE TRUE
PQINT Qi BEGINNINGo
EXCE?TlNG'TrlE;IEFROH THAT PORTiON Oi SAID 5ECTiON 32, DESC3ieED
AS FOLLUilSa 3EGIl4NIKG AT SAID SOUTHEAST CORNE8 OF SAID biO2TH
HALF OF THE NORTHEAST QUARTER OF SECTION 319 OF SAID TOVlNSHIP AND RANGE! THENCE MORTH 69030'00" EAST ALONG SAID SOUTHERLY
L!NE OF LAN0 DESCRIBED IN SAID DEED TO THE CITY OF OCEANSIDE9
425090 .FEETt THENCE LEAVING 5AiD SOUTHERLY LINE, SOUTH 5O0OiO3",
EAST 58117 FEET TO THE: TRUE POINT OF BEGINNING OF THE HEREiN
BEsCRIBCO PARCEL f THENCE CONTINilING SOUTH j500'OOtt EAST 104000 .. FEET? THENCE KOUH 85°00'00" EAST 327067 FEET! THEIUCE EORTH
5000'00" 'VIEST 104~00 FEETI THENCE SOUTH 85000'00" WEST 327467
FEET TC THE TRUE POINT OF 8EGINNINGo
ALSO EXCEPTING FROiV SECTiON 32s HEREiN DESCRI8EDf ALL OF THE
OIL# CAS9 AN3 NINERAL AND MfNESAL RIGHTS, LYING BENEATH A DEPTH
OF 500 FEET FAON THE SURFACE OF SAID LAND, TOGETHER WITH THE
RIGyT OF ENTRY AT ANY POINT IN SUCH LAND .LYING 8ELOW SAID DE?TH
FOk ?t!E 'PURPOSES OF EXPLOZING, DRiLL INC, CONVEYilVG AND REhIOVAL
OF ANY SUCH SUSSTANCES AND INSTALLATION OF EQUIPNENT AIVD PIPELIKES
FOR SUCH ?UFIPOSSS, PF(OVIDE3 THAT ANY SUCH ElVTRY AND ACTIVITY
UPON SAID LAN3 FOR SUCH PURPOSZ SHALL BE CAR3IE3 OUT IN SUCH .
NANNER AS TO AVOID ANY INTERFERENCE WITH THE USE OF THE SUSFACE ' --
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*OF SAIC LAND, AS EXCEPTED IN DEEDS FROM FAbIC09 A PARTNERSHXY, tlfLLfAi4 S, BARTMAN1 FRED A# BkRTMkK JR, * BERNARD CITRONI NiD-
HARSY Jo Lo FRAKK JR~s RECORDED APRIL 21.9 1966 UNDER RECOZDER'S
FILE NOe'S 66913 AND 66568,
ALSO EXCEPTING FROM SAID PORTION OF SECTION 32s ASOVE ALL MIkERAL
WITHIN 02 UKDZRLYIKC SAID LAND WITHOUT RiGHT OF SURFACE €&TRY . RIGHTS AND ALL OIL9 CAS, PETROLEUl4, OR OjHE2 HYDROCARBON SUaSTAKCES
As RE$Ei?VED IN DEEDS EXECUTED BY REGINALD0 MkRRON ARD CAXOLINE
.. MXilROM XCORDED IN BOOK 6699, PAGE 264 OF OFiICfAL RECOSDSa .. .. . AND 600K 7712s PAGE 477 OF OFFICIAL RECOirOSr
RESERVING UNTO GRANTPK, its successors and assigns, and to
and €or the benefit of each and every portion of real properly adjoin.ing
the land conveyed hereby and owned by Partnership, easemenls on,
under and over the larid conveyed hereby 2s follows:
. (a) Easements (hereinafter referred to as If installation easenicnls")
.a
* for:
(1) The installation and maintenance of utilities as may be
necessary or appropriate to provide utility service to such
adjoining portions of real property.
as used herein includes, but is not limited to works, lines
and structures necessary to provide the following products
The term "utilities"
or services to said adjoining parcels: water, sewers,
... . :: . ;i drainage, electricity, gas, tekphone and cable or closed
circuit television.
(2) The purposes of erecting, constructing, maintaining and .
opbrating signs and other facilities to provide proper
advcrtisement of and directions for business cstal)lishmcnts
(4-5 omitted) -6-
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locatcd on such adjoining parcels.
(b) Easements (hereinafter referred to as "common use" easemenis)
for the purpose 01 ingress and egress by any pedestrians, auto-
mobiles, trucks and any othcr velhcles to and from said adjoining
-.
real property, or any portion thereof, by travcrsing the land -- con- . veyed hereby in any direction to or from any point on the conlmon
boundary of the land conveyed hereby and said adjoining property
or any portion thereof, and the parkin; of such vehicles.
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The easement rights rescrved hereby include the power
-. = on.the part of Grantor, its successors and assigns, to grant licenses
for the use of said easement rights to others including, but not limited
to the operators of business 'establishments to be Located on such
adjoining land and their respective employees , patrons and other
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licensees. ' '
The easement rights reservd hereby and any licenses r,
. -to be granted thereunder arc subject to the following conditions:
(i) No occupation under or use of any installation easement
shall interf er e.unr easonably with the irnprov em en t and
operation of the Parking Facility as provided in and con-
templated by that certain Lease and Agreement dated .
April 20, 1966 executed by Grantor herein as Lessor to
Carlsbad Parking Authority, a public corporation, as
Lessee, covering the land conveyed hereby and amended
.
.
# by Amendment of Lease dated --
the Lease and Agreement as amended hereinafter referred
.- to as the llLease'*.
(ii) The rights of usage under. the common use easements shall
be non-esclusive, and in common kith the rights of usage
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e
,
on the part of each owner of or 1.censec uncIci- such rigi1t.s
and with al! members of the public having the right or
privilege for like usage of the Parking Facility under the
terms and provisions of the aforesaid Lease and of the
I,, I i ' I' It I , I,'l jtfltll
*
Amendment of Sublease dated the
Sublease as amended hereinafter referred to as the "Sub-
leas e".
The rights under the easements hereby reserved shall - be appurtenant to the adjoining real property of Grantor. and any
portion of said real property.
A.
.. .. .. The conveyance hereby made is also subject to the following:
1. The aforesaid Lease covering the land conveyed hereby
executed 1)y Grantor herein as Lessor to Carlsbad Park-
- ing Authority, as L.cssee.
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2. The easements, rights-of- way, conditions, covenants,
restrictions, reservations and similar matters of
record on the date of delivery of this Grant Deed to
Grantee.
B. The conveyance hereby made is also subject to, and Grantee,
by its acceptance of this Deed, for.'itself, its successors and
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manner as to provide internal traffic routing and control so
as to maintain propel- flow of traffic around and within said park-
ing lot and to provide at all times acccss for ingress and egress
to and from all adjoining parcels of real property within
the corporate limits of Grantee, including, but not limited
to, pedestrians , automobiles and commercial vehicles
engaged in making deliveries to and pickups from establish-
ments on such adjoining parcels and unloading operations
in connection therewith. Said parking lot shall be kept open
for public parking on all days, including holidays,' and at
. --all hours, except when there is no reasonable need in such
adjoining areas within the corporate limits of Grantee for
parking in said parking lot or when and' insofar as reasonably
necessary for repairs or maintenance. No improvements,
a structures, buildings or facilities shall be placccl thereon or
therein which obstruct, interfere with or restrict the use ,
of said property as a municipal parking lot, except for
decorative planfings, lighting facilities and other improve- '
ments incidental to the use of said property as a municipal
parking lot, except for decorative plantings, lighting
facilities and other improvements incidental to (the use of
said property as a municipal parking lot.
. . :: . In event of any partial taking of said land under the power
of eminent domain, Grantee shall cause the construction
upon the remaining portion of said land of a multi-levd park-
ing structure or structures having capacity sufficient to
compcnsate, to thc estetit reasonably possible in the light of
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such physical limitations as the partial’ taking may ini-
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pose, for the reduction in parkitlg capacity caused by
such partial taking.
If at any time or times, Grantee fails to carry out, or 2.
to cause to be carried out the maintenance and operation
of said land as a public parking lot in accordance with
paragraph 1 of this Section B or the construction provided
for therein, if required, Grantor or its SUCC~SSO~S or
.
assigns, shall have the right at its election, in addition
to and without prejudice to any other remedies, immedi-
ately to assume and carry out the maintenance and opera-
tion of and coiistruction 011 said property as a public parking
lot, provided that Grantor, or its successors or’assigris
2 ..
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3.
... ::
4.
upon assuming such maintenance and operation, shall pay
the cost thereof, until such time as Grantee assums and
is ready to carry out., or causes another person, associa:
tion or corporation ready and able to do so, to assunlc and
carry out the maintenance and operation of said property
as a public parking lot in accordance with paragraph 1 of
this Section B.
Enforcement of the foregoing conditions , resfrictions,
reservations and covenants may be by any legally available
remedies. Such remedies shall include, but not be limited
to, injunction or specific perforinance.
This grant is made on the express understanding that‘the
Lease and Sublease hereinabove described constitute valid
and’binding obligations respectively on the part of Grantee
and the Lessee and Sublessor therein named, and should
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the contrary be eslablislicd at any time during the tci-in
. of said Lease or said Sublease pursuant to entry of a final
judgment of a court of competent jurisdiction the entry of
such judgment shall constitute a condition subsequent to
the conveyance hereby made pursuant to which all right,
title and interest in and to said land shall revert to and
revest in Grantor in the same manner as if this conveyance
had never been made.
Failure on the part of Grantee or its successor,s and assigns 5.
to perform and fulfill the covenants , conditions and res-
trictions set forth in the foregoing for a period of thirty days
after writkn notice from Grantor or Grantor's successor
or assign to do so shall cause the reversion of the land
hereby conveyed to Grantor, and thereupon the title of the
.
whole-of said land shall immediately and without the necessity
of any further actionrevert to and revest in Grantor or rs
Grantor's successor or assign, as the case may be.
6. Each and all of t.he covenants, restrictions and agreements
hereinabove set forth shall be deemed and construed to be
continuing, and the estinguishment of any right of entry or
reversion or any breach shall not impair or affect any of
said covenants or restrictions so far as any future or other
.
breach is concerned.
covenants
No waiver of a breach of any of the
* . :: agr e emen t s , r es tr ic t ions and conditions her ein
contained shall be construed to be a waiver of any other
breach of the same or other covenants, agreements, res-.
trihtions and coklitions, nor shall failure to enforce any one
of such restrictions, either by forfeiture or othcrwisc, be .
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construed as a waiver of any other restriction or con-
dition, providcd, however, that no such breach shall
defeat the lien or encumbrance affecting said land and
made in good faith to secure indebtedness incurred in
improving said land for the uses and purposes aforesaid.
7. The covenants made by Grantee hereunder are hereby
expressed to be for the benefit of adjoining land owned by
Grantor, J. C. Penney Company, Inc., a Delaware cor-
poration, and The May Department Stores Company, a
New York corporation, and are macle expressly by Grantee
for its successors and assigns and to Grantor,Penney and
May and their respective successors and assigns.
Dated
PLAZA CAMInTO REAL, Grantor
By THE MAY STORES SHOPH” CENTERS, INC.
Sole General Partner
. By’: Vice Presidenii
Assistant Secretary
. . ;1
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, before me, the under- --- -- On
signed NotaEy Public in and for said County and State personally
' appeared , known to me to be the Vice'
*
President, and , known to me to be
the Assistant Secretary of The May Storm Shopping Centers, Inc.
the corporation that executed the within instruincnt as general
partner of Plaza Caniino Ecal, a Limited Partnership, and
acknowledged to me that such partnership executed the same and
that such corporation executed the within instrument pursuant to
its Bylaws dr a resolution of its Board of Dire.ctors.
' Witness my hand and official seal.
. . :1
- Notary Public in and for said
. County and State.
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EXHIBIT "B"
THlS AM'I!"h/lENT 01;' LEASE, entered into in Los
day of J --_- Angeles, California, as of the
1969, by and between PLAZA CAMINO REAL,, a limited partner-
.
ship, organized and existing under the laws of California, the
general partners of which is The May Stores Shopping Centers,
Inc. , a hqissouri corporation (hereinafter called flPartnership") ,
and CAHLSEAD PARKING AUTIIORITY, a public corporation
formed under and pursuant to the Parking Law of 1919 (Sections
32500 et seq. of the Streets arid Highways Code) (hereinafter
called "A 11 tho r i ty" ) .
3 RECITALS
A. Partnership and Authority entered into a Lease and Agree-
ment (hereinafter called the "Lease") as of the 20th day of,
April, 1966 in which Partnership leased to Authority and
Authority leased and hired from Partnership certain real
property described in the Lesrse.
and Agreement provides that:
Section 3 of the Lease
If deemed necessary or appropriate by the Project
Architect, referred to in Section 8 of this Lease,
for thc purpose of more efficient or economic align- ment, construct ion Gr arrangements of the Parking
Facility and adjacent develcpments, a portion or
portions of land contiguous to Parcel C may be
added to and become a part of the leased premises in substitution for release from the'coverage of
this Lease of portions of the leased premises as
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constitutctd, tlic portions to bc so substitutcxl to
relcascd. In thc case of each such substitution, Authority and Partnership shall join in the execution
and recordation of an amendment to this Lease, sp ec ifying and d csc r ib ing:
(a)
bc api>r.o>;imatcLy equal in i~rca in each case to those
The portion or portions of land to be added to
the leased premises; and
(b) The portion or .portions to be released from the leased premises pursuant to such sirbstitution.
B. Krumm 8L Sorenson, the P;.oject Architect referred to in
the Lease, has deemed it necessary, and appropriate for the
purpose of more efficient and economic alignment, construc-
tion and arrangement of the Parking Facility to suggest a
realignment of the boundaries of the leased premises so as .
to add a portion of land to the leased premises and to
release frotn the leased premises a portion of the land
describeci in tlie Lease.
Partnership and May have entered into an agreement
(hereinafter referred to as the "REA"), dated April 20,
6 ..
1966, providing for the respective construction and
operation by Partnei-ship and hqay on certain land described .
therein of certain improvements as a shopping center.
Partnership, May and J. C. Penney Company, Inc., have terminated D.
the REA and have entered into a new agreement ("New REA") dated v
, 1969 in complete substitution
therefor except with respect to matters occurring prior to
the date of the New REA with respect to which period the
. . ::
REA governs the rights and obligations of Partnership and
May, ,as applicable.
..
-2-
.
E. ‘I’lic.parties hcrcto dcsii-e to amend the Lease to provide for
the aforesaid realignment and to provide for the Lease as
amencIecI to be sutiordinute to iIie’13t~.
NOW, rIH131.3 ISFOR E, in consideration of the mutual
premises and the mutual agreements contained in the Lease and
Agreement and contained hcrein, the parties hereto respectively -
agree as follows:
1. The requirement in Section 3 of the Lease, to show the
land is added to the leased premises, and the land released from the
leased premises pursuant to a realignment of the leased premises is
hereby waived.
is as described in Exhibit A, attached hereto and by this reference
inclilded herein.
The leased premises, as comprised after reatignnicnt,
2. The Lease, as amended, is subject and subordinate to the
.
easements, rights-of -way, conditions, restrictions and reservations set
forth in tie New REA.
P
IN WITNESS WHEREOF, the parties hereto have caused
this Amendment of Lease to be executed by their duly authorized
representatives as of the date first hereinabove written.
ATTEST:
PLAZA CAMIISO REAL, Lessor By: The May Stores Shopping
Centers, Inc. (General Partner)
By: . ... _____-_-- A ss is tant S ec r. ciary Vice President
------ BY:__-.-- ------ -_ -3-
I
, 1968. --- day of
.’
.
STATE OF CALIFOl3NIA 1
4
COUN‘I’
me, thf
person;
me to b
.. known t
SI-IOPI’.
within i
person;
corporz
Partnei
partner.
to me t
of said
..
same.
) ss.
’ 014’ LOS ANGELES )
- , 196 , before -- On
undcrsigncd, a Notary Public in and for said State,
ly appeared , known to
*. ..
8 the Vice President, and - -
.- me to be the Assistant Secretary, of THE MAY STOII32S
3G CENTFIRS, INC., the corporation that executed the
strument, said persons being known to me to be the ._
who executed the within instrument on behalf of said
ion, said corporation being known by me to be the General
of PLAZA CAMINO REAL, a limited partnership, the
hip that executed the within instrument, and acknowledged
at such corporation executed the same as General Partner
artnership and that said partnership also executed the
WITNESS my hand and official seal.
r
-4-
-- I
before
State,
known
PARKING
the within
,
J J --- -- On
me, the undersigned, a Notary Public in and for said
perso~ially appeared #
to me to b& the of CAR LS EA 11
AUTHOI<ITY, the municipal corporation that executed
instrument, known to me to be the person who esecutcd
the wit in instrurncnt on behalf of the municipal corporation
therein named, and ackriowledged to me that such municipal
e corpor tion executed the within instrument pursuant to its by-
laws o a resolution of its board of directors. r I WI‘TNESS my hand and official seal.
-.- Notary Public in and €or said State
8
-5-
THAT REAL N THE COUNTY
PORTION OF SE( . :. . .BEREARDIN0 BJ.:
' THEREOF, TOGE'
EUCALYPTUS ST! .. ACCORDING TO I
RECORDEX OF Si
. . .BEGINNING-AT - - - QUARl'ER OF SE(
THE SOUTH LINl
FEET TO POIfu'T
TO THE BEGINN:
A RRD-IUS OF I:
. ARC OF SAID C1 OF 15.71 FE2T
HORTH 69,17 F1
. NORTHEASTEXLY
CENTRLU ANGLE.
TO, SAID CURVE
'CONCAVE KORTHT
EASTEFLY, NOR'
THROUGH A CEN'
. THEhTCE TANGZX'
W TAXGENT Cui?
FEET; THENCE i
OF SAID CURVE 15.71 FEET; TI
SOUTH 60' 00'
._ BEGINNIKG OF i
RADIUS dF 10.1
. ARC OF SAID Cl
OF 12.22 FEET
. . THEKCE EAST
- EASTE'XLY AND 1
.a
-': - THENCE TANCEA'
TWEXCE SOUTH : . 70000'00" EAS' .- FCE~~ THENCE ! *-: 20000'00't EAS'
: - FEET! THEfiCE ! 7Q0001001~ WES'
' . FEETI THENCE !
. 20000'00" WES'
h9HICH LEA2.S S(
.e "EENCE ALONG !
_- 8EClZS SOUTH 7(
I.
EXI-IIBIT n
'ROPEKTY SITUATED B7ITHIN TIIS CITY OF CAPJJSBAD, '
>F SAN DIEGO, STATE OF CALIFORNIA, BEING THAT
'ION 32, TOWNSHIP 11 SOUTH, RANGE: L! WEST, SAN
3 AND bIERIDIAN, ACCORDING TO OFFICIAL PLAT
IER VIITH PORTIOXS OF LOTS 13, 14, and 42, AND OF
;ET, ALL OF HOSP EUCALYPTUS FOEST COE'IPANY'S TPcICT,
iP THZXEOF NO, 113'6, FILED IX THE OFFICE OF COUNTY
? DIEGO COUNTY, BEING DESCRIBED AS A WKOLE AS FOLLO'IIIS:
.. .
iZ SOUTHEAST CORNER OF THE EORTB HALF OF THE NORTXEAST
'ION 31,'TOWNSHIP 11 SOUTH, R9NGE 4 WEST, THENCE ALONG
OF SAID NORTH HALF, NORTH 89' 42' 19" WEST 404.27
'A" OF THIS DESCRIPTION; THENCZ DUE SOUTti 424.67 FEET;
39.54 FEET ; THENCE NORTH 30" 00' 00" PEST 35.92 FEET
$G OF A TANGZNT CURVE CONCAVS SOUTHPESTEPJIY AND EAVIXG
, 0 0 FEET; THENCE NORTHB?ESTE?.LY ANb WSTERLY ALOXG THE
iVE THXOUGH A CENTFSL ANGLE OF 60' 00' 00" A DISTAXCE
TXEKCE TANGENT TO SAID CUZVE, NEST 43.05 FEET; TXESCE
3" TO THE BEGIK'NIHJG OF A TAXGENT CUXVE CDKCAVZ SOUTH-
\VZNG A RADIUS OF. 10 , 0 0 FEET; TiIENCE KOXi'i-iERLY,
i%D EASTE-RLY ALONG THE ARC OF SAID CURVE TKROUG-H .A
IF 90" 00' 00" A DISTANCE OF 15-71 FEET; TEESCE TANGSX'T
3AST 2.38 FEET TO THE BEGINNING OF A TAK(XX'? CUIiVE
ISTERLY AND HAVING h RqDIUS OF 25,OO FEET; THEKCZ
IEASTERLY AND XORTHERLY ALONG T'HE ARC OF SAID CURVE
L2rL AKGLE OF 90" 00' 00" A DISTAXCE OF 39.27 FEET;
TO SAID CUXVE RORTH 13.67 FEET TO THE BEGINNING OF
Z CONCAVE SOU?XXASTEXLY AND KAVLNG A XXDIUS OF 10.00
IRTHERLY I NORTHEASTERLY , AND EASTSZLY ALONG THE XRC
?H,SOUGH A CENTXX ANGLZ 'OF 90' 00' 00" B DISTAKCZ O?
3XCE TANGENT TO SAID CURVE, EAST 140,OO FEZT; THEXCE
10" EAST 90.00 FEET; TtiENCE EAST 185.24 FZET TO T5Z
TAXGENT CUEVE CONCAVE SOUTRP?ESTDLY AKD HAVIX A
1 FEET; THENCE Ez\STEF!LY AND SOUTiEXSTEilLY UOXG THE:
<VE THROUGH A CENTRAL ANGLE OF 90' 0-0' 00" A DISTANCE
-.
TO SAID CURVE SOUTH 2O00Q'O0" EAST 21t72 FEET1 .- )t10 FEETI THENCE EAST 232t88 FEET; TH€NCE NOiiTH
326r42 FEET1 THENCE S0UTH.20000*0Ot' EAST 76000
)UTH ?OOOO'OO~l WEST 4jsOO FEET; THENCE SOUTH
190~00 FEETr THENCE SOUTH ?OOOO~OO" WEST 32.9a06
)UTH 20000'00" EAST 62400 FEET! THEKCE SOUTH
89t48 FEETI THENCE SOUTH 2000O'OO1' EAST 20e00
.,
*.
IUTH 70OOOt0Otf \!EST 271.17 iEETi THENCE NOiiTH
60.897 FEET1 THENCE NEST 680a33 FEET TO A LINE .
JTM FROf.1 THE HEREINA30VE DESIGNATED POINT 'IA"I
{ID LINE9 SOUTH 274285 FEET-TO A LINE WICH
'30I00l''EAST FROM A POINT NHiCH BEARS SOUTH 22w99
'EXHIBIT A - Page 1
.- .I
.. *
0.- . FEES FRO+{* THE
TO 'THE MAY STO - -. 3966 AS IKST8U
' ?6030'001f EAST
BEARS SOUTH 76 - *.'.TERMINUS OF TH
.. THEIVCE EAST 74 - :- - -'.FEET TO POINT
- .. .. -
.. \!EST 54089 FEE
-' SOUTH 12044'09 . . 77*15Wt1, EAST .: . THENCE NOZTH 7
. .. - Wf TH. THE WEST€
CITY OF CARLS2,
319 1966 AS DO
* .. - BEIAG A POINT
.-..-. BEARS NO2TH 76 ALWC SAiD NES
DISTANCE OF 44
NORTH 3045 147:' O~OCOO FEET 7'0
._ MENTIONED! THE
3°4514711 WEST kfNE OF CALIF0 3. IN DEE0 TO T
11'964 AS D0Cil1'4E .-. -THE 'BOUNDAilY 0
.. - 'WEST 100034 it'
-THE ARC Of SA1
-. YEST 466~31 FE
* RADIAL CENTE2 THEREFROXI THE
;- p CENTRAL AXGLl ' EHD THEREOF{ 'il
.*'*WEST 167413 FE
.* . CW;IVE# CONCAVE
. - .: . .SOUTH 2033 tOOl~
:. .. . THE ARC or' SA1
. .. . - A DISTANCE OF HAVING A RA3IU
.-- 09113t1 A OISTA
. . .. 2, CRAXTED TO
. '..ALONG THE AiiC 1
' THAT 'EASEKE!NT
.-'I964 AS DOCUNE
SAID CURVE AN3
SOUTHXESTE~LY CORNER OF LAND DESCRI8ED IN DEED .-
ALONG SAID LINE 339800 FEET TO A POINT h'HICH .-
ES SHOF'PiNG CENTERS INC.3 8 RECORDED AP2IL 21 I
ENT NO8 66568 OF OFFICIAL RECOROSt THENCE SOUTH
30'00" EAST 1265tOO FEET FROM THE SOUTHERLY ..
T LfN€ DESCRI8EO ABOVE: AS "SOUTH 22t99 FEET"]
800 FEETi THENCE'NORTH 77O15',5.1" EAST 52t31
i THENCE NOiiTH 70?00'00'f EAST 572rSO FEETi THENCE
FRON SAID POINT llB1t HEREINABOVE DESIGNATEDI
015'51" EAST 164~65 FEET TO AN INTERSECTION
LY LiNE OF LAND DESCRIBED IN EASL'ENT TO THE .
D FOR PU8LIC HIGHVAY PURPOSES) RECORDED CXRCH
JNENT ROC 42245, OFFICIAL RECOilDSt SAID INTEgSECTION
V THE AdC OF A CURVE8 THE RADIAL CENTER OF WHICH
22t31" EAST 2563800 FEET FROM SA10 POINtl THENCE
ERLY LINE OF SAID EASEblENT, NORTHERLY ALONG
a14 FEET! TAKGENT TO SAID CU3VE9 NOiiTH 3O45'47I' .
T THEKCE SOUTH 86°14t13f1 WEST 110100 FEET; -THEKCS
AEST 174000 FEET! THENCE NORTH 86014'1311 EAST
TXE RESTEilLY LINE OF SAID EASEMENT HEREIN SEFOilE.
CE CONTINUING kLO&G SAID WESTEZLY LINE NO2TH
0.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY .* urA STATE HIGH%AY AS DESCRISED UNOEF~ PARCEL E STATE OF CALIFORNIA RECO2OEO SEPiEl'.:3Eii 8f
SI' OF' THfS DESCRIPTIO&; THENCE KORTH 20°00t00'1 ..
EAST 126484 FEET TO A LINE WHfCH SEARS KORTH I
.-
CURVE THROUCi-1 A CENTSAL ANGLE OF 9O5I142" A
7 NO8 163432 OF OFFICIAL RECORDS; TidENCE ALONG SAID STATE HIGHL'AY AS FOLCOWS~ ZGilTH 56032'5af1 r TO THE ~ECINNING OF A EOK-TANGENT CUWE~ THE *
E WHICH SEARS SOUTH 28O33'27I1 NEST 150d0 FEET CZ WESTEilLY ALONG THE ARC OF SAID CURVE THi?CUGIY
OF 31003127t1'A DISTAkCE OF 81.31 FEET TO THE
LNCE NON-TANGENT TO SAID CURVE, SOUTH 89O12'51" r TO A POINT IN THE ARC Or' A 205000 FOOT RADIL'S
jOUTHERLYt THE RADIAL CENTER OF 'r:HfCH BEAiiS .
EAST FROM SAID POINT! THENC€ WESTERLY ALONG
CURVE THROUGH A CENTitAL ANGLE OF 35°C9113t'-
!5t78 FEET TO THE SEGINKING OF A REVERSE: CURVE
: SAID CURVE THilOUGH A CENTZAL ANGLE OF ll2O
IR DiiAINAGE PUSP3SES DESCilfaED UNDER PARCEL
IE STATE OF CALIFORNIA, RECORDED SEPTEtY3ER 81
Y ROC 163432 OF OFFICIAL RECOROS; THENCE LEAViNG
jAIO SOUTHEiiLY LINE OF CALIFORNIA STATE HICH%'AY.J
Of 95 100 FEETt THENCE WESTERLY AND NORSHWESTE2LY .
:E 07 185496 FEET TO THE S.OUTHEAST C0;INEil OF ..
EXHIBIT A - Page 2 ..
r
I
I
EXHII3lTA - Page 3
I
!I 11 EXHIBIT
made and
bctwcn C
formed un
32500 et sl
sometime ::
niuni cipal
0
t
. Agreemen!
day of --
- term', at, ti.
I
be the SXT~C
same m.:~y 1
in bo undari
1-IIS AhlENDI1E:NT 07.;' SUBLEASE AND AGRL'En4EK'l'
tei-ccl into this
ll,SBzlD PAXXIiVG AU'I.'I-IORITY, a public corporation
1- and pursuant to the Parking Law of 1949 (Sections
, 1960byand - day of
__I-
. of thc .Streets and IIighways Cock), (hcreinafter
nailed 'rSuhlessor'r) and the CITY OF CA311dSB-4D, a
rpo I- a. t io n (he rei ria f t e r call e d "S uble s s e e ' ') .
R E C I TA L S
Sublessor arid Sublessee entered into a Sublea.se and
ft --- ?ereinafter referred to as the Sublease) dated the
, 1966 covering certain real property for the -
rerita.1 and on tiic terms and conditions therein set forth.
Sublessor's interest in certain real prope-.ty is that of
that certain Lease and Xgreernent datzd -April 20, 196G
zn Pkza Caniino Reai, a limited par triership, organizzci
mder the Laws of Czliforniz, and CarlsSad Parking
rc+mfi.er referred to as the 11 2iIzster Lezse").
Seciicn 2 of tile Stlblease prpvicles that the Sublease
ects subject and subordinate 'io the provrs-rons .. of tiic
3 ami thzt the leascd pre,mises under the Sublease shzll
1s the leased pre-v-ises under the bkster Lcase as the
chatlgecl after the date oi" the Sublease by a redignmetit
pursuant to the provisions of the 3;lxter. L,casc.
..
-1-
..
D.
Am e tic1 me nt .
providing fol
sioiis of the
leased prem
E#
(hereinafter
viding for th
and May on
as a shoppin
F<
terminated tl
wit'n respeci
with respeci
ga.tions of P
G
I provide for
. as the lease
>
Sublease ac
I5
valuable .an(
P . . ::
premises 11
under the h4
the Subleas
has been ch
Sublcasc to
Plaza Camino Real and Sublessor entered into an
! the h'Iaster Lease dated
a realignment in boundaries pursuanl to the provi-
laster Lease, said realignment resulting, in the
;es being as described in Exhibit 1 hereof.
, 1968
Partnership and May have entered into an agreement
*eferred to as the "REA"), dated April 20, 1966, pro-
respective construction and operation by Partnership
xtain land described therein of certain improvements
center.
Partnership, May and J. C. Penney Company, Inc. , have
2 REA and have entered into a new agreement ("New REA") dated
, 1960 in coinplete substitution therefor escept
to matters occurring prior to the date of the New REA
to which period the REA governs the rights and obli-
rtnership and May, as applicable. ..
The partjes hereto desire to amend the Sublease to
ne realignment so that the leased premises to be the same
premises under the Master Lease and to provide for the
amended to be subordinate to the iSew REA.
XV, THEREFORE, for and in consideration of good,
a3cTi.iate consideration, the parties hereto agree as follows:
Since Section 2 of the Sublease provides that the leased
3cr the Sublease shall be the sanit? as the leased premises
ster Lease as the same may be changed after the date of
, aqd since the leased premises under the Master Lease
nged from the real property described in Scction 1 of the
.he real pro1)erty dcscribcd in Fs1iibi.t 1 hereof, the real
-2-
_I_
propcrty de:
lcased pren-
of the Sublei
2.
easements,
in the Kew E
I1
caused this
by their dul
before writt
A T T $3 T :
-
ir C
ATTEST:
C
;ribc!d in Exhibit 1 hereof is hereby substituted as thd
scs in lieu of the real propcfty described in Scclion 1
5 e.
..
The Sublease, as amended, is subject and subordinate io the
ights-of-way, conditions, restrictions and reservations set forth
3A.
WI'!JSI?SS WIEREOF, Sublessor and Sublessee have
imciidnient of Sublease and Agreement to be executed
authorized representatives as of the date first herein-
n .
erk
ty Clerk
..
CARLSUAD PAHKING AUTHORITY, . a public corporation
By: -
' Chairman
11 Su bl es so 1%' '
CITY Oli' CARLSBAD, a municipal corporation
-- By: - Mayor Subless eel' . I1
-3-
..
.. .
..
.- . . -.
. ALL THAT RE! IN THE COUN'
PORTION OF I
BERNARDZNO I
%MEIEO?', TO'
EUCALYPTUS 1
.. . ' BEGINNIh7G * A
UARTEii OF
HE SOUTH L
FEET TO POI
. TKEIKE EAST
. TO THE BEG1
W RADIUS OF
' ARC OF SAID
OF 15.71 FE
EORTII 69.17
. . -KORTHEASTE4
EN5'Ra.L ANC
0 SAID CUR
NCAVE 1<03
2--
. : ..
EASTE'RLY AN
STEWY, 1; .:- YMROUGH A c
HENCE TANC A'TWNGENT C
OF SAID CWF
~S.7.l FEET;
SOUTH 60' C
. EiDIUS OF 1
. ARC OF SA11
OF 12,22 FI
- FEET; THEN
. BEGINNIXG c
b PROPERTY SITU?.TED BIITHIN THE CITY OF 'CAPJJSBAD, Y OF SAN DIEGO, STATE OF CF.LfF02NIAI .BEXXG THAT
ECTION 32, TOV7NSHIP 11 SOUTH, RANGE 4 WEST, SAN
4SE AND MERIDIAN, ACCORDING TO QFFICIEiL PLAT
ETHER FPITII PORTIONS OF LOTS 13, 148 and 42, ANI) OF
TIPEET, ALL OF HOSP. EUCALYPTUS FOREST COEX'ANY'S TRACTf
NAP THEWOF' KO. 1136, FILED IN THE OFFICE OF COUNTY
SAY DIEGO COUNTY8 BFIEG DESCRI8ED AS A WHOLE AS F0LLO:l'iS:
THE SOUTHEAST COIIXER OF THE X0RTI-I HALF OF THE KOP,THZAST
ECTIOX 31, TOWNSHIP 11. SOUTHI RRKGE 4 WEST, THESCE ALOXG
HE OF SAID NORTH HALF, NORTH 89' 42' 19" ?EST 404.27
T "A" OF THIS DESCRIPTLON; THESCZ DUE SOUTH 424.67 FEET;
339.54 FEET ; THENCE NORTE! 30° 00' 00" WEST 35.92 FEZT
NING OF A TANG" CURVE CONCAVE SOUTHP1ESTEPJ;Y AND HXVII;G
15 . 0 0 FEET; TKEBCE NORTHt?ESTE?.LY AE?D WESTERLY ALONG TH':
CUWZ THROUGH A CENTRAL ANGLE OF 60' 00' 00" A DISTASCE
T; T%EKCE TANGENT.TO SAID CUZVE, WEST 43.05 FEET; TXEXCZ
FEET TO THE BEGINNING OF A TAXGENT CURVE COSCAVS SG'U'TH-
ELqVING. A R9DIUS OF 10.00 FEST; . TXENCE KORTEE3L'it
IY AND EASTEXLY ALONG THE ARC OF SAID CURVE THROUGS A
!E-OF 90' 00' 00" A DISTAKCE OF 15.71 FEET; THEKCE TAXGZXT
'E EAST 2.38 FEET TO TEE: BEGINNiNG OF A TANGENT CURVE
'HPIZSTERLY AMD HAVING A RADIUS OF 25.00 FEET; TEENCE
IRTHEASTEIPLY AND XORTHERLY ALOXG THE ARC Or" SAID CVIiVE
:STILAL AKGLE OF 90' 00' 00" A DISTAKCE OF 39.27 FEET;
:ST TO SAID CURVE XORTH 13.67 FiXT TO THE SEGIN$IZ.iG OF
IZVE CONCAVE: SOUTHSASTEXLY AND KAVIXG A RqDIUS OF 10.00
1 NORWERLY, NORTHEASTERLYI AND EASTEiiLY ALONG THZ ARC
'E TX-iROUGE A CEXTItTIL ANGLE OF 90' 00' 00" A DISTXXCE 03
THEXCE TANGENT TO SAID CUIIVZ, EAST 140.00 FEET; THESCE
1' 00" EAST 90.00 FEZT; THENCS EAST 185.24 FEET TO TE3
' A TANGENT CU?,VE CONCAVE SOUTii77SSTZRLY AXD BAVIXG A
1.00 FEET; THENCE EASTEFG!! AND SOUTHEXSTE?&Y >LONG THE
CUiiVE THROUGH A CENTRAL ANGLE OF 70' 00' 00" A DISTXXCS 3T;
ENT TO SAID CURVE SOUTH 2O00O1O0" EAST 21*+2 FEET1
i 30810 FEET f THENCE. EAST 232888 FEET 1 THENCE NO2TH
9ST 326842 FEETI THENCE SOUTH 20000'00" EAST 76tOO E SOUTH 70000'00" WEST 45300 FEETI THENCE SOUTH
AS'T 19O*OO FEET! THENCE SOUTH 7OOOO'OO" \/EST 329105
EST 89048 FEET1 THENCE SOUTH 2000010011 EAST 20aOo
E SOUTH 70000100tt \!EST 271817 FEET; THENCE NOiiTH
EST 60.97 FEETI THENCE qEST 680833 FEET TO A LINE
G SAID LINE9 SOUTH 274a85 FEET TO A LINE 'h'HiCH
E SOUTH 20000100~~ EAST 62000 FEET! THENCE SOUTH ..
SOUTH FROi'4 THE HEREINA30VE DESIGNATE0 POINT l'A"I
76"30'00"'EAST FROM A POINT WHiCK BEARS SOUTH 22899
.
EXHIBIT 1 - Page 1
SOUTHKSTERLY CORNER or" LAND DESCRIBED IN DEED RES SHOPPiNC CENTERS INCot RECORDED APRiL 219
:{ENS' NO, 66568 OF OFFICIAL RECOROSt THENCE SOUTH
ALONG SAID LINE 339800 FEET,TO A POINT h'XICH
030'00J1 EAST 1265000 FEET FROM THE SOUTHERLY
Ai' LINE DESCR1BED.ABOVE AS "SOUTH 22699 FEET"t
0400 FEETI'THENCE NORTH 77015'51'' EAST 52~31 "B" OF THIS DESCRIPTIOKi THENCE ElORTH 20°00'00'1
Ti THENCE NORTH 70000'00'~ EAST 572.50 FEETI THEKCE
It EAST 126884 FEET TO A LINE WHICH SEARS KORTH
FROb1 SAID POINT llB1' HEREINA3OVE DESIGNATED1
7015'51" EAST 164865 FEET TO AN INTERSECTION
RLY LiNE Oi LAND DESCRIEiED IN EASEMElUT TO THE
AD iOR PUBLIC HIGHWAY PURPOSES 1 RECO~DEO-,YXRCH CUNZNT NOc 42245 t .OFFICIAL RECORDS, SAID fNTEsSECTIOS
IN THE ARC OF A CURVE9 THE RADIAL 'CENTER OF WHICH
022t31t1 EAST 2563800 FEET FROM -SAID POINTI THENCE
TERLY LINE OF SAIO EASENENT; NORTHERLY ALONG
D CURVE THROUGH A CENT2AL AMGLE OF 9°51'4211 A
1014 FEETI TAKGENT TO SAID CURVca NOiiTH 3°45r4?f1
ET THEkCE SOUTH 86O14'13I1 WEST 110~00 FEET1 -THENCE
THE EIESTE2LY LINE OF SAIO EASEMENT HE8EIN SEFOX
1OtOO FEET TO AN INTERSECTION WITH THE SOUTHZRLY,
kKIA STATE HICH'kAY AS DESCRIBED UNDER PARCEL
HE STATE Or' CALIFORNIA RIECOilDEO SEPTE,YZE2 8r
YT NO, 163432 OF OFFICIAL RECORDS; THEXCE ALONG
SAID STATE HIGiiVAY AS FOLLOh'SI N0;ITH 56O32'58I1
ET TO THE E3EGI.NNING OF A ROIY-TANGEIYT CUWE, THE .
3F k'HICH 8EARS SOUTH 28°3312711 WEST 150300 FEET
YCE WESTERLY ALONG THE ARC OF SAIO CURVE TH2OUGH
E OF 31003127ff A DISTANCE OF 81e31 FEET TO THE
HENCE NO&-TANGENT TO SAID CUFIVE, SOUTH 89°12151t1
ET TO ,4 POINT IN THE ARC Oi A 205800 FOOT RADIL'S
NEST 174~00 FEET! THENCE NORTH 86°14'13f1 EAST
NCE CO~UTZNUINC ALO&G SAID WESTEXY trNE NO^
SOUTHEi?LY, THE RADIAL CE&TER OF h'HICH BEARS
D CURVE THROUGH A CENT3kL ANGLE OF 35°C9113"
125878 FEET TO THE BEGINKING OF A REVERSE CU2VE
5 OF 95800 FEETt THENCE WESTERLY AND NORTH'iESTERLY
Or' SA10 CURVE THROUGH A CENTZAL ANGLE OF 112O
hC': OF 185096 FEET TO THE SOUTHEAST CO2NER OF
FOR DaAINAGE PURPOSES DESC2I8ED UNDER PARCEL
THE STATE OF CALIFORNIA, RECORDED SEPiEX3ER 88
KT NO, 163432 OF OFFICIAL RECOilDSt THENCE LEAVING
SAID SOUTHERLY LINE OF CALIFORNIA STATE HIGHh'AYt
EAST Fi301'4 SAID POINT! THENCE WESTERLY ALONG
c
EXHIBIT 1 - Page 2
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' :a; 0
v
. AND iOLLO':/IfiG - .. .. . DRAINAGE EASE LONG THE SOUTHERLY AND
t 74°30t00tl WE
WESTEi?LY LINES' OF SAID T 138088 FEET AND KORTH .
' 85*19*26"'WEST
' . OF THE LAXD DE
. .OCZAKSIDE9 REC
,OFFICIAL RECOR .: LINE OF SAID P
-. .f
FRQK THAT PORTiON OF SAID SECTION 32~ DESC2i8ED
GIKNING AT SAID SOUTHEAST CORNE3 OF SAID NOZTH
THEAST QUARTER Oi SECTION 31, OF SAID TOIIINSHIP CE NORTH 69030'00'' EAST ALONG SAID SOUfitfRLY
SCRIBED IN SAID DEED TO THE CITY OF OCEANSIDE,
. 425090 FEET! EiVCE LEAVING SAiD SOUTHERLY LINE3 SOUTH jOO0'03"
EAST 58017 FE TO THE TRUE POINT Or^ BEGINNING OF THE HEREiN
DESCRIBED PA Lt THENCE CONTINiJING SOUTH jOO0'00" EA57 ~04~00 FEET B THENCE 2TW 8j000t00~1 EAST 327467 FEETr THENCE KORTH
. ; 5"00'00" 'VlES 04300 FEETI THENCE SOUTH 85OOO'OO" VEST 327467 . ' ' FEET TC THE E: POINT Or' BEGiNNINGa .. *
FROIY SECTiON 321 HEREiN DESCRiBL'D3 ALL Of TilE
INERAL AND bl:NZ2AL RIGkiTSr LYING 8ENEAT:ri k DEPTH a
t4 THE SURFACE OF SAID LAND, TOGETHE8 WITH THE
RIGHT OF ENT AT ANY FPOIfij IN SUCH LAND LYING ELOW SAID OEPTH
02 THE 'PUR? S OF EXPLOZINGr DRiLLINC, COiVVEYING AND 2EhIOVAL
STANCES AIVO IKSTALLATIOK OF EQUI?>1ENT AiUO ?I?ELI&ES
ES, PROVIDE3 THAT ArJY SUCH ENT'RY AND ACTIVITY
FO2 SUCH PURPOSZ SHALL SE CAilRIED OUT 1K SUCH
.. ..
ANNER AS TO 010 ANY INTERFEREKCE WITH THE USE OF THE SU2FACE .
S EXCEPTED IN DEEDS FROM FA'IICO, A PARSNE2SHIP, MAN i FREO A' BARTKAN . JR6 9 BERNARD CITRON t A'fD . HAR3Y 4c he NK JRa, RECOiiDED APRIL 21.9 1966 UhDSR RECO2DER'S . -: FILE NOc'S 3 AND 665681 -. .
.. O-. ALSO EXCEPT FROM SAID PORTION OF SECT1OF.i 32, ABOVE ALL HIfiERAL
.. RIGHTS AND o IL GAS PET~~OLEUH 9 OR o HYDROCARXV~ suasstwis
'. WITHI& 02 u LYI&G SA10 LAND PIITHOUT RiGHT Of SURFACE EhTilY
." MARRON 2ECO IN BOOK 6699, PAGE 264 OF OFFICIAL RECOilDS,
AS RES,t2VEO DEEDS EXECUTED BY REGINALD0 t4ARRON AKD CA3OLINE
..
.. .. ND 6QOK 77129 PAGE '477 OF OFFICIAL RECOBOSe
.
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