HomeMy WebLinkAbout1985-08-06; City Council; Resolution 8132RESOLUTION NO. 8132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A CONSENT AND
SUBORDINATION TO THE FIRST AMENDMENT TO 6-PARTY
AMENDED AND RESTATED CONSTRUCTION, OPERATION AND
RECIPROCAL EASEMENT AGREEMENT (PLAZA CAMINO REAL).
The City Council of the City of Carlsbad, California,
does resolve as follows:
1. That the consent and subordination by the City of
Carlsbad to the First Amendment to 6-Party Amended and Restated
Construction, Operation and Reciprocal Easement Agreement (Plaza
Camino Real), a copy of which is attached hereto marked Exhibit
"2" and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 6th day of Au9Ust , 1985 by the following
vote, to wit:
AYES: Council JMrbers Casler, Iewis, Kulchin and Chick
NOES: None
ABSENT: Council Members Pettine
ATTEST : u
dl&%&/
ALETHA L. RAUT
YIRS'T A$IETJDP*EErJT TO 6-PARTY AEIEPJDED
AND RESTATED CONSTRUCTION, OPERATION AIJD
RECIPROCAL FASE!'IFT?T ACIREEI"7ETJT'
(PLAZA CAM1110 REAL)
THIS FIRST AMENDMENT is made as of , 1385,
by PLAZA CAMINO REAL, a California limited partnershin, of which
MAY CENTERS, INC., a Missouri corporation, is the sole general
partner, ( "Developerf1), THE RAY DEPARTMFNT STORES CODIPAPJY, a !Jew
York corporation, (Vayf1j, J.C. PENIJEY CODiPAlJY, IIIC., a Delaware
corporation, ("Penney") , SEARS ROEBUCK AND CO., a New York
corporation ( "Sears"), FEDEKATED DEPAHTT'IEXT STORES, INC. , a
Delaware corporation ("Pederated") , and CARTER HAWLEY I!ALE
STORES, INC., a Delaware corporation, ('?Carter").
RECITALS
Developer, Nay, Penney, Sears, Federated and C:erter entered
into a 6-Party Amended and Restated Construction, Operation and
Reciprocal Easement Agreement ("the REA") dated August 15,
1978, and recorded in the Office of the County Recorder of Sa.n
Diego County, California, on August 15, 1978, in Book 1978, as
Instrument No. 78-346427
The Parties hereto desire to amend the REA. Accord-
ingly, in consideration of the mutual promises herein contained
and for other good and valuable consideration, the Parties agree
as follows:
1. Any term or word th3.t is defined in the REA shall be
deemed to have the same meaning when it is used in this First
Amendment, except when the context expressly states otherwise.
2. Developer and Carter hereby represent that the
contingencies and conditions set forth in Sectlon 27.18 have been
satisfied or are deemed to have been satisfied. Developer has
conveyed the Carter Tract to Carter and Carter is presently the
lessee of the-Carter Tract pursuant to a sale and leaseback of
the Carter Tract in the rnarincr described in Section 1.3(2) of the
REA. Sectioii 27.18 of tlie REA shall have no further force or
ef feet.
3. Lot 29 of Carlsbad Tract T>Jo. 76-18 (Plaza Camino Rea1
Shopping Center) according to Map bio. 8956 filed in the Offfce of
the County Recorder of the County of San Diego, State of
California on August 11, 1978, heretofore a part of the Shopping
Center Site, is hereby deleted fron the Shopping Center Site and
it is hereby released from all the easenents, covenants and. conditions
placed thereon pursuant to the .REA.
4. The following paragraph is added to Section 2.2 of the
REA :
"(C) Additional agreements and dociirnents relating to the
Public Parking are:
(1) Resolution No. 5499 of the Car>lsbad City Council
August 3, 1978, approving Precise Plan PP24A.
(2) Agreement dated November 8, 1978 between City of
Oceanside and City of Ca.rlsbad for lease of Phase
11-0 Public Parking Land by Oceanside to Carlsbad.
(3) Agreement dated November 8, 1978, between City of
Oceanside and Developer for construction. by Devel-
oper, conveyance to Oceanside and leasing to
Carlsbad of Phase 11-0 Tublic Parking.
(4) Grant Deed by Developer to the Parkin.g Authority
of Lot 26 of Carlsbad Tract 76-18, dated tTovem-
ber 17, 1978.
(5) Fifth Supplement to Agreement for Expansion of
Shopping Center among the City, the Parking
Authority and Developer, dated 1'3venber 22, 1978.
(6) Resolution No. 5676 of Carlsbad City Council,
February 6, 1979, approving Precise Plan
PP24B.
(7) Resolution IJo. 6212 of Carlsbad City Council,
June 17, 1980, approving Precise Plan PP24C.
(8) Agreenerit between City o€' Oceanside and
- Developer, dated , 1980, for re-
location of Eueria Vista Channel and use of
former creek bed land for parking.
uses thereof.
(10) Letter agreemcnt between Devel.opcr awl City of
Oceanside, dated , 1980, regulating
Oceanside's access to Punp Stattori tlirough the
Shopping Center.
(11) Grant Deed by City of Oceanside to Developer,
dated December 18, 1980 of former creek bed land
in Oceanside.
(12) Grant Deed by Developer to the Parking Authority,
dated December 11, Ig80, of forner creek hed, as
well as Developer's rights of access to Oceanside
Pump Station Site through ?hopping Center Site.
(13) Grant Deed by Developer to City of Oceanside,
December 31, 1980, of Phase 11-0 Public Parking
Land.
(14) Grant Deed by Developer to Parking Authority,
dated December 31, 1980, of Lots 21 and 27 of
Carlsbad Tract 76-18.
(15) Public Parking Lot Operating Agreement, dated
January 20, 1981, arnong City of Carlsbad, Parking
Authority and Developer for operation of Phase I
Public Parking and Phase I1 Public Parking.
(16) Agreement dated January 20, 1381 anong City of
Carlsbad, ParkinC: Autllority and Developer, for
operation of Phase 11-0 Pub1.i~ Parking under
Public Parking Operating Agrement.
(17) Supplcmcnt to Piitilic Parking Lot Operating
-.
AgrDcenent, dated January 23, 19H1, among City of
Carlsbad Parkin[: Ai1 thori ty arid Developer for - ogeration of forner creek bed land in Oceanside
as Public Parkin(: under Public Parking Operating
A Ere erne ri t .
(18) Lease of Phase 11-0 Public Parking Land by City
of Oceanside to Clty of Carl.sbad, dated
January 30, 1981.
-3-
5. Section 3.2(A) of tile RCA is hereby mended hj ctianginq
the Planned Floor Area on the Federated Tract frorl 140,900 square
feet to 125,000 square fedt.
6. Sectioii 11.3(D) of the REA is hereby mended by changing
the first clause thereor to read:
"Naintain at all tines on the Sho1>PiiIg Center Site, Parking Areas
sufficient to provide at least -5.0 parking spaces per 1,000
square feet of Planned Floor Area of all Buildings on t?ie
Shopping Center Site, 'I
7. For the purposes of Section 18.3 of the RTA, the Sears
Store Opening Date is October 24, 1979.
8. For the purposes of Section 18.4 of the FEA, the
Federated Store Opening Cate is October 2, 1980.
9. For the purposes of Section 18.5 of the REA, the Carter
Store Opening Date is October 20, 1979.
10. Section 22.1 of the REA is amended to change the
addresses for notices to the Parties, as follows:
If to Developer:
Plaza Camino Real c/o ?lay Centers, Inc. 611 Olive Street St. Louis, MO 63101 Attention: Chairman
with a copy to:
May Centers, Inc. 555 Mission Valley Center West San Diego, CA 92108 Attention: Regional rlanage r
If to May:
The Nay Department Stores Company 611 Olive Street
St. Louis, NO. 63101
Attention: Vice-president, Real Estate
with a copy to:
Yay Cornparig of California 6160 Laurel Canyon Flvd.
North J3olly~ood, California 91606-3247 At t ent ion: Chairman
- 4-
If to Penneg:
J.C. Penney Company, Lnc.
1301 Avenue of the Americas
New York, WY. 10019
Attention: Rea1 Estate Counsel
with a copy to:
J.C. Penney Company, Inc.
P.O. box 4015 Eueria Park, CA 90624
Attention: Real Estate Counsel
If to Sears:
Sears Roebuck and Co. Sears Tower Chicago, IL 60684 At t ent io n : Vi c e-P res i dent /C o nt ro 11 e r
with a copy to:
Sears Roebuck and Co. 900 South Fremont Avenue Alhambra, CA 91802 Attention: Executive Vice-president
If to Federated:
Federated Department Stores, Inc. 7 Vest 7th Street Cincinnati, OH. 45202 .Attention: Senior Vice-president, Real Estate
with copies to:
Federated Departnent Stores, Inc.
14000 Riverside Drive
Sherman Oaks, CA 91423 Attention: Operating Vice-president
and
Bullo ck s 800 South Hope Street, 6th Floor
Los Angeles, CA 90017
Attention: Chi,ef Executive Officer
If to Carter:
Carter Hawley Hale Stores, Inc. 550 South Flower Street
Los Angeles, CA. 90071 Attention: Vice-President, Real Fstate-Legal
114 Article 28 of the REA is mended as follows:
(1) The following caption is inserted before the
- original paragraph: "28.1 Acquisition of' Farking Authority
P rope r t y 'I . -
(2) The following section is added to Article 28:
R
"28.2 Acquisition of Oceanside Property
-5 -
(A) Developer has completed the prrangements for
the construction and oyera.tion of the Phase TI-0 Fublic
Parking. In connection therewith, ?eveloper conveyed the ?hane
11-0 Public Parking Land to the City of' Oceanside, by Geed dated
Deceinber 31, 1980, which reserved certain easements and other
rights in the land for the benefit of the Sliopping Center Site,
as well as the right in Developer or its siiccessors or assigns to
terminate the estate of the grantee and to re-enter the land
under California Civil Code Section 1109 in the event that
grantee failed to fulfill the covenants of' the deed rcquiring the
land to be dedicated perpetually to public use as a parking lot
available to the public. The City of Oceanside leased the Phase
11-0 Public Parking Land to the City of Carlsbad
under a lease dated January 30, 1981, for a term of fifty years,
from January 33, 1981 to January 29, 2031 (the "Oceanside
Lease"). The terms of the Oceariside Lease grant to the lessee
City of Carlsbad an option to purchase the Phase 11-0 Public
Parking Land for One Dollar ($1.00) a,t any time on condition that
the lessee has paid the lessor the required rental under the
lease, i.e. $70,000.00 per year for the first ten years plus
$1.00 per year for the remaining for5y years, totaling $700,040,
(subject to reduction in the event that any change in State law
reduces sales tax revenue from Plaza Camino Real to the lessee
while providing for payment to lessor of a portion of such
revenue).
(E?) By an agreement ariong the City of Carlsbad, The
Parking Authority and Developer, dated January 20, 1981 ,
Developer assumed all obligations of lessee under the Oceanside
Lease, except the payment of rent, arid agreed to manage, operate
end maintain the Phase 11-0 Public Parking under +,he Publlc
Parking Operating Agrcernent.
(C) By a Pqernorandura of Option between the City of
Oceanside and Developer, dated TJovenber 8, 1978, the City of
Oceaiiside granted Developer the right to buy the Tfiase 11-0
Public Parking Land on the same term and conditions as those
-5-
prescribed in the Oceanside Lease, if tlie City of Carlsbnd did
not exercise that option prior to expiration of the term of the
Oceanside Lease.
(D-) Developer hereby covenants that, in the event
the City of Carlsbad does not exercise the lessee's option to
purchase, under the Oceanside Lease, prior to the expiration of
its tern, Developer will purchase the Phase 11-0 Public P?rrking
Land in accordance with the tcms of tlrie Plemorandun of Option
described in paragraph (C) above, and rrlll nanage, operate and
maintain it as Parking Area. in accordaiice with all relevant
provisions of this Agreenent. "
12. Exhibit A Part 1, L,egSal Description of Shopping Center
Site attached to the REA is hereby deleted and the new Exhibit
A Part 1, Legal Description of' Shopping Center Site (Revised),
attached hereto is substituted in its place.
13. Exhibit A Part 3, Legal Description of Phase I1 Land
attached to the REA is hereby deleted and the new Exhibit A Part
3, Legal Description of Phase I1 Land (Revised) attached hereto
is substituted in its place.
14. Exhibit I3 Part 1, Legal Description of Portion of
Developer Tract Owned by Developer Alone, attached to the FEA ,
is hereby deleted arid the new Exhibit B Part 1, Legal Description
of Portion of Developer Tract Owned by Developer Alone (Revised)
attached hereto is substituted in its place.
15. Exhibit €3 Part 3, Legal Description of Phase I1 Public
Parking Land, attached to the REA, is hereby deleted and the new
Exhibit B Part 3, Legal Description of Phase I1 Public Parking
Land (Revised) attached hereto is substituted in its place.
16. Exhibit C Site Tlan Sheets 1,2 and 3, attached to the
REA are hereby deleted and the new Exhibit C Site Plan, Sheets
1 (Revised) 2 (Revised) and 3 (Pevisecl) attached hereto are
substituted in' their place. Developer represents that it
obtained all necessary approvals and permits from the City of
Carlsbad, the City of Oceanside and all other governmental
-7-
authorities rvliich have jurLjdictLon ill the nntzeer (1) to
relocate the channel to the position sho.crri on Fxhibit C
attached her>eto, a?id has corwleted sucli relocation in accordpnce
with such approvals and permits, and hereby indennifies ~11 other
Parties hereto agains: any and all claim a.rising out of' such
permits and the work of such relocation; arid
(ii) to utilize the Public Parking Lands for automobile
parking as shown on Exhibit C atta.ched hereto.
17. Exhibit G Part 2, Penneg's I?d,jacerit Parking, attached
to the REA, is hereby deleted and the new Fxhlbit C- Part 2,
Penney' s Ad. jacent Parking (Revised) attac5ed hereto is
substituted in its place.
18. Exhibit G Part 5, Carter Adjacent Parking, attac!ied
to the REA is hereby deleted and the new Exhibit G Pa.rt 5,
Carter Ad jacerit Parking (Revised) attached hereto is substituted
in its place.
19. Exhibit J Part 2, Site Plan - Adjacent Parking Areas,
attached to the REA is hereby deleted.and the new Exhibit ,J
Part 2, Site Plan-Ad jacent. Parking Areas (Revised) attached
hereto is substituted in its place.
20. The REA shall continue in full force in accordance
with its terms as amended by this First Amendment.
IN WITNESS WHEREOF, each Party to the REA has caused its
duly authorized officers to sign and seal this First Amendment
as of the day and year first above written.
PLAZA CAFlI?JO REAL A California Limited Partnership Ry:i*?ay Centers, In.c., a
Missouri Corporation, General Partner
ATTEST :
Ry : Assistant Secretary Vice-P res ident
THE MAY DEPARTMENT STORES COMPANY
By:
Vice-Pres ident
ATTEST :
Assistant Secretary
J.C. PENNEY COMPANY, INC.
ATTEST :
By :
Vice-president
Assistant Secretary
SEARS, ROEBUCK AND CO.
By :
Vice-president
ATTEST:
Assistant Secretary
FEDERATED DEPARTMENT STORES, INC.
By :
Vi ce-P r es ident
ATTEST :
Assistant. Secretary
CARTER HAWLEY HALE STORES, INC.
By :
Vice-president
ATTEST :
Assistant Secretary
-9-
STATE OF
COUNTY OF
1
1
ss.
On before me, the undersigned,
a Notary Public in and for said State, personally appeared , known to me (or proved
to me on the basis of satisfactory evidence) to be the President, and , known to me (or proved
to me on the basis of satisfactory evidence) to be the Secretary of
the corporation that executed the within instrument and known to me to be the person(s) who executed the same on
behalf of the corporation therein named and acknowledqed to me that such corpbration executed the within instrument pur-
suant to its by-laws or a resolution of its board of directors.
Witness my hand and official seal
STATE OF
COUNTY OF
)
1
ss.
On before me, the undersigned,
, known to me (or proved to .
a Notary Public in and for said State, pwsonally appeared
me on the basis of satisfactory evidence) to be the
President, and , known40 me (or proved
to me on the basis of satisfactory evidence) to be the
Secretary of
the corporation that executed the within instrument
and known to me to be the person(s) who executed the same on
behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pur- suant to its by-laws or a resolution of its board of J directors.
Witness my hand and official seal
#
STATE OF
COUNTY OF
1
1
ss.
On , before me, the undersigned
a Notary Public in and for said State, personally appeared
on the basis of satisfactory evidence) to be the President, and I
known to me (or proved to me on the basis of satisfactory evidence) to be the Secretary of MAY CENTERS, INC.
instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known -to me to be one of the partners of PLAZA CAMINO
REAL , a limited partnership, the partner- ship 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.
Witness my hand and official seal.
, known to me (or proved to me
the corporation that executed the within
STATE OF
COUNTY OF
1
)
ss.
On before me, the undersigned,
a Notary Public in and for said State, personally appeared , known to me (or proved
to me on the basis of satisfactory evidence) to be the President, and , known to me (or proved
to me on the basis of satisfactory evidence) to be the Secretary of the corporation that executed the within instrument and known to me to be the person(s) who executed the same on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pur- suant to its by-laws or a resolution of its board of directors.
Witness my hand and official seal
STATE OF 1
COUNTY OF 1
ss.
On before me, the undersigned,
a Notary Public in and for said State, personally appeared
me on the basis of satisEactory evidence) to be the
President, and , known to me (or proved
to me on the basis of satisfactory evidence) to be the
, known to me (or proved to
Secretary of the corporation that executed the within instrument
and known to me to be the person(s) who executed the same on
behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pur-
suant to its by-laws or a resolution of its board of directors.
Witness my hand arid oflicial scal
,P'
, 'p
Exhibit A, Part 1
(Revised)
Legal Description of ShoDnina Center Site
The following land in the City of Carlsbad, County of San Diego, State of California:
Lots 1 through 28 inclusive, of Carlsbad Tract No.
CT-7618 (Plaza Camino Real Shopping Center) according to Map No. 8956 filed in the Office of the County
Recorder of said County on August 11, 1978.
and
The following lands in the City-of Oceanside, County of San Diego,
State of California:
Two parcels of land situated in the City of Oceanside, County of San Diego, State of California, being portions
of the northeast quarter of Section 31, Township 11 south,
Range 4 west described as follows:
Beginning at the southeast corner of the north half of
the northeast quarter of Section 31; thence along the
south line of said north half, north 89°42'19"west,
325.70 feet to the true point of beginning; thence north 89O42'19" west, 1150.70 feet; thence leaving said south line, north 46O36'53" east, 143.87 feet; thence north, 312.85 feet; thence north 88°00t18" east, 543.32 feet;
thence north 89O41'28" east, 500.04 feet; thence south
0°24'11" east, 439.22 feet to the true point of beginning.
and
Beginning at the southeast corner of the north half of
the northeast quarter of Section 31, Township 11 south,
Range 4 west per Carlsbad Tract No. 76-18; thence north
69°30'00" east, 252.00 feet, along the northerly line
of Carlsbad Tract No. 76-18; thence leaving said north-
erly line north 71O38'56" west, 70.14 feet to a line
parallel with and distant northwesterly 44.00 feet measured at right angles from that certain course here-
inbefore described as having a bearing and a distance of "north 69°30'00" east, 252.00 feet"; thence south 69°30'00" west, 313.24 feet to a point in the northerly line of said Carlsbad Tract No. 76-18; thence south 89O42'19" east, 123.94 feet along said northerly line to the true point of beginning.
- EXHIBIT A, PART 1
REVISED JANUARY 8, 1985
Exhibit A - Part 3 Legal Description of Phase I1 Land
(Revised)
The following land in the City of Carlsbad, County of San
Diego, State of California:
Lots 14 and 15 and Lots.17 through 19, inclusive,
Lot 21 and Lots 23 through 28 inclusive, of
Carlsbad Tract No. CT-7618 (Plaza Camino Real
Shopping Center) according to Map No. 8956 filed in the Office of the County Recorder of said County on August 11, 1978.
and
The following lands in the City of Oceanside, County of San
Diego, State of California:
Two parcels of land situated in the City of Oceanside,
County of San Diego, State OF California, being a
portion of the northeast quarter of Section 31,
Township 11 south, Range 4 west described as follows:
Beginning at the southeast corner of the north half
of the northeast quarter of Section 31; thence along the south line of said north half, north 89O42'19" west, 325.70 feet to the true point of beginning; thence north 89O42'19" west, 1150.70 feet; thence
leaving said south line, north 46O36'53" east,
143.87 feet; thence north, 312.85 feet; thence
north 88°00'18" east, 543.32 feet; thence north
89O41'28" east, 500.04 feet; thence south 0°24'11" east, 439.22 feet to the true point of beginning.
and
Beginning at the southeast corner of the north half of the northeast quarter of Section 31, Township 11 south, Range 4 west per Carlsbad Tract No. 76-18; thence north 69"30'00" east, 252.00 feet, along the northerly line of Carlsbad Tract No. 76-18; thence leaving said north- erly line north 71O38'56" west, 70.14 feet to a line parallel with and distant northwesterly 44.00 feet measured at right angles from that certain course here-
inbefore described as having a bearing and a distance
of "north 69°30100" east, 252.00 feet"; thence south
69°30'00" west, 313.24 feet to a point in the northerly line of said Carlsbad Tract No. 76-18; then.ce south 89O42'19" east, 123.94 feet along said northerly line to the true point of beginning.
EXHIBIT A, PART 3
REVISED DECEMBER 11, 1984
Exhibit B - Part 1 Legal Description of Portion of
Developer Tract Owned by Developer Alone
(Revised)
The following land in the City of Carlsbad, County of San Diego, State of California:
Lots 2 through 6, inclusive, and Lots 13,17,23, and
28 of Carlsbad Tract No. CT-7618 (Plaza Camino Real
Shopping Center) according to Map No. 8956 filed in
the Office of the County Recorder of said County on August 11, 1978.
EXHIBIT B - PART 1
Exhibit B - Part 3
Legal Description of Phase I1 Public Parking Land
(Revised)
The following land in the City of Carlsbad, County of San
Diego, State of California:
Lots 21 and 27 of Carlsbad Tract No. CT-7618 (Plaza Camino Real Shopping Center) according to Map No. 8956 filed in the Office of the County Recorder of
said County on August 11, 1978,
and
The following land in the City of Oceanside, County of
San Diego, State of California, being a portion of the
northeast quarter of Section 31, Township 11 south, Range 4 west described as follows:
Beginning at the southeast corner of the north half of
the northeast quarter of Section 31, Township 11 south,
Range 4 west per Carlsbad Tract No. 76-18; thence north
69°30'00" east, 252.00 feet, along the northerly line of Carlsbad Tract No. 76-18; thence leaving said north- erly line north 71O38'56" west, 70.14 feet to a line parallel with and distant northwesterly 44.00 feet
measured at right angles from that certain course here- inbefore described as having a bearing and a distance of "north 69°30'0011 east, 252.00 feet"; thence south
69°30'00" west, 313.24 feet to a point in the northerly line of said Carlsbad Tract No. 76-18; thence south 89O42'19" east, 123.94 feet along said northerly line to the true point of beginning.
EXHIBIT B - PART 3
.
EXHIBIT G, PART 2
PENNEY'S ADJACENT PARKING
(Revised )
A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF SECTION
31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN
ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4
WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF
NORTH 89'42'19'' WEST, 370.70 FEET; THENCE SnTJTTJ ~0'17'41"
WEST, 130.00 FEET; THENCE NORTH 83'52'33" EAST, 233.98 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 83'52'33" EAST,
32.65YFEET; THENCE NORTH 64'43'20" EAST, 126.43 FEET; THENCE
NORTH 54'22'20" EAST, 71.71 FEET; THENCE NORTH 74O16'29" EAST,
610.77 FEET; THENCE NORTH 09'59'17" WEST, 31.89 FEET; THENCE
NORTH 74'30'00" EAST, 73.88 FEET TO THE BEGINNING OF A TANGENT
SAID POINT BEING THE WESTERLY RIGHT OF WAY LINE OF HAYMAR
DRIVE; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 70'30'00" A DISTANCE OF 116.89 FEET TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS 50.00
FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 58'00'00" A DISTANCE OF 50.62 FEET; THENCE SOUTH
14'00'00" EAST, 80.00 FEET; THENCE NORTH 73'59'44" EAST,
187.29 FEET; THENCE SOUTH 02'30'00'' EAST, 70.00 FEET; THENCE
NORTH 87'30'00" EAST, 25.00 FEET; THENCE SOUTH 02'30'00" EAST,
90.00 FEET; THENCE SOUTH 51'49'09'' WEST, 210.69 FEET; T'IEVCE
SOUTH 70'00'00" WEST, 260.00 FEET; THENCE NORTH 87'30'00" WEST,
140.00 FEET; THENCE NORTH 80'57'51" WEST, 146.99 FEET; THENCE
SOUTH 00'00'00" WEST, 50.00 FEET; THENCE NORTH 2Oo0O'OOt' WEST,
21.72 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 10.00 FEET; THENCE NORTH-
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE of 70°00'00~1
A DISTANCE OF 12.22 FEET; THENCE NORTH 90'00'00" WEST, 185.24
FEET; THENCE NORTH 60°00'00" WEST, 90.00 FEET; THENCE NORTH
90'00'00'' WEST, 140.00 FEET TO THE BEGINNING 3F A TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 10.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 90°00'00'' A DISTANCE OF 15.71 FEET; THENCE SOUTH 00'00'00"
WEST, 13.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWEST-p
ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'OO"
A DISTANCE OF 39.27 FEET; THENCE NORTH 9OoOO'0O" WEST, 2.38
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90°00'OO" A DISTANCE OF
15.71 FEET; THENCE NORTH 00' EAST, 211.68 FEET TO THE TRUE
POINT OF BEGINNING.
and
A PARCEL OF LAND SITUATE IN THE CITIES OF CARLSBAD AND OCEANSIDE,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF SECTION
31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN
ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DES-
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTH-
EAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST:
THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF NORTH 89'42'19"
WEST, 123.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
.- __ ALONG TBE SOUTH LINE OF SAID NORTX HALF NORTH 89'42'19" WEST 41.76-
FEET;THENCE SOUTH 106.88 FEET; THENCE NORTH 83'52'33" EAST 27.13
FEET; THENCE NORTH 83'52'33'' EAST 32.65 FEET; THENCE NORTH
64'43'20" EAST 126.43 FEET; THENCE NORTH 54'22'20" EAST 71.71
FEET; THENCE NORTH 74'16'29" EAST 610.77 FEET; THENCE NORTH
9'59'17" WEST 31.89 FEET; THENCE SOUTH 74°30'00'1 WEST 65.00
FEET; THENCE NORTH 15O19'26" WEST 40.85 FEET; THENCE SOUTH
69'30'06" WEST 362.19 FEET; THENCE NORTH 71"38'56" WEST 70.14
FEET; THENCE SOUTH 69'30'06" WEST 313.24 FEET TO THE TRUE POINT
OF BEGINNING.
---
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 95.00 FEET,
-
' CRIBED AS FOLLOWS:
EXHIBIT G, PART 2
(Revised)
CONSENT AND SUBORDINATION
The undersigned fee owners and lessors and beneficiaries of
deeds of trust Of portions of Plaza Camino Real Shopping Center
hereby consent to the foregoing First Amendment to the REA and
confirm that their respective interests as such owners and lessors and beneficiaries remain subject and subordinate to the REA as
so amended.
MAY PROPERTIES, INC., as fee owner and lessor of the May Tract,
Dated: By:
Vice-president Attest:
Assistant Secretary
METROPOLITAN LIFE INSURANCE COMPANY, as beneficiary of a deed of
trust of the May Tract and assignee of lessor's interest in the
lease of the May Tract,
By : Dated:
Attest: Vice-president
Assistant Secretary
NEW MARJORAM ASSOCIATES, a New York general partnership, as fee owner and lessor of the Penney Tract,
Dated: By:
Partner Witness:
Partner
CORPORATE PROPERTY INVESTORS, a Massachusetts Business Trust, as lessee and sublessor of the Penney Tract
Dated: By :
Attest:
STATE OF CALIFORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM, as beneficiary of a deed of trust of the Penney Tract and assignee of lessor's interest
in the lease of the Penney Tract,
Dated: By :
President Attest:
Secretary
AMBOY ASSOCIATES, a Connecticut limited partnership, as fee owner and lessor of the Carter Tract,
Dated : By:
Witness: General Partner
STATE OF CALIFORNIA PUDLIC EMPLOYEES RETIREMENT SYSTEM, as beneficiary
of a deed of trust of the Carter Tract, assignee of lessor's interest in the 1.casc of the Carter Tract, and owner of a future interest in fee title of the Carter Tract,
Attest:
secretary
. CONSENT AND SUBORDINATION
The undersigned fee owners and lessors and beneficiaries of
deeds of trust of portions of Plaza Camino Real Shopping Center hereby consent to the foregoing First Amendment to the REA and confirm that their respective interests as such owners and lessors and beneficiaries remain subject and subordinate to the REA as
so amended.
PLAZA CAMIN0 REAL, as fee owner and lessor of the Sears Tract,
Dated: By: May Centers, Inc.
Attest: By :
JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, as beneficiary of a deed of trust of the Developer Tract and assignee of the lessor's interest in the lease of the Sears Tract,
,
Dated: ' By:
Vice-president Attest:
Assistant Secretary i
THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, as fee owner and lessor of portions of the Developer Tract.
Dated: By:
Attest:
THE CITY OF CARLSBAD, as lessee of portions of the Developer Tract
Dated: By:
Attest: