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HomeMy WebLinkAbout1968-04-17; Municipal Water District; Resolution 216RESOLUTION NO. 216 RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTING CONVEYANCES OF INTEREST IN REAL PROPERTY FROM LA COSTA LAND COMPANY AND APPROVING CONVEYANCES OF AN INTEREST IN REAL PROPERTY TO LA COSTA LAND COMPANY AND AUTHORIZING THE EXECUTION OF CERTAIN AGREEMENTS WITH LA COSTA LAND COMPANY AND RANCHO LA COSTA, INC c- WHEREAS, it has been determined to be in the best interest of the District to accept the conveyances from La Costa Land Company hereinafter referred to, and to make the conveyances to La Costa Land Company hereinafter referred to and to enter into certain agreements hereinafter referred to NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: .. *. 1. That the Carlsbad Municipal Water District enter into the agreements marked Exhibits hereto and made a part hereof by reference and, further, that it accept from La Costa Land Company conveyances of interests in real property referred to in said Exhibit "A" agreement and as set forth in Exhibit "C", which exhibit is attached hereto and made a part hereof by reference and cause all such conveyances to be recorded in the County Recorder's office, County of San Diego, State of California. , which exhibits are attached IIA?I and IIB?I 2. That the Carlsbad Municipal Water District convey to La Costa Land Company an interest in real property by a conveyance, a copy of which is attached hereto, marked Exhibit "D" and made a part hereof by reference. 3. That the President and Secretary of the Board of Directors of the Carlsbad Municipal Water District are hereby authorized to execute the above agreements and all documents necessary to effectuate the above transfers of real property. ADOPTED, SIGNED AND APPROVED, this day of , 1968. President o e Board of Directors Water District ar 1 s b ad, Mun i c i p a 1 Attest: s$sp**;c& ecretary of t e Board of Directors of Carlsbad Municipal Water District (SEAL) , 4 GREEMENT THIS AGREEMENT, is by and between CARLSBAD referred to as "District", LA COSTA LAND COMPANY, WHEREAS, District and into an agreement dated mutual rights and obligations made this )77? day of April, 1968, MJNICIPAL WATER DISTRICT, hereinafter and RANCHO LA COSTA, INC., and hereinafter referred to as "La Costa". 'N I TNES SETH : La Costa have heretofore entered the 31st day of October, 1967, wherein pertaining to the construction of a water storage tank on La Costa property are set forth, 1. La Costa does the real property described and I hereby agree to convey to District in Exhibit "A", which exhibit WHEREAS, the parties~ hereto desire to modify and other- is attached hereto and made fee simple, free and clear except those expressly grading and fill work has and it is determined, in wise add to such NOW, hereto agree as follows: a part hereof by reference, in of all liens and encumbrances, approved by District. Further, after been accomplished upon said site the discretion of District, that it is necessary to obtai slope easements into the property retained by La Costa, in order to support the leveled area required for the construction n of the tank, that La Costa will convey to District s~aid slope easements without further 2. La Costa to convey to District an easement, a copy of which is ed hereto and marked Exhibit "B" and made a part hereof erence, the title to said easement to be free and 11 liens and encumbrances, except cons ider at ion. ___ ._ . those expressly approved by District. 3. La Costa shall convey to District an easement for drainage purposes, a copy of which is attached hereto, marked Exhibit "C" and made a part hereof by reference, free and clear of all liens and encumbrances, except those expressly approved by District . .- 4. La Costa will construct, entirely at La Costa's expense, a twelve-inch water line to District's specifications along the easement described in Exhibit "B'l, the plans and specifications for said water line are described as Dty JE/ and are incorporated into this agreement by reference. 5. District agrees to construct an above-the-ground storage reservoir tank with a one and one-half million gallon capacity according to a design acceptable to District. 6. La Costa shall furnish and deliver to District, at no expense to District, a surety bond written by a reliable surety company authorized to do business in the State of California, in a penal sum of $25,000.00, which bond shall ensure the faithful performance of this contract to construct the above referred to twelve-inch water line. Said bond shall further inure to the benefit of and insure full payment to all persons'entitled to the protection of the Mechanic's Lien Laws of the State of California. 7. La Costa agrees to pay to District on demand, the full amount of all District's costs incurred in connection with the above referred to pipeline construction, including plan checking, inspection, materials furnished, and other expenses of District directly attributable to said pipeline, plus a reasonable amount for District's overhead in connection therewith. La Costa shall deposit with District concurrently Y Q, -2- . -.- . F' . with the execution of this agreement the sum of $1,000.00, being the estimated amount of District's expenses. Should the expenses incurred by District be in excess of such deposit, La Costa shall pay the amount of such excess to District on demand. Should District's expenses be less than the amount deposited, District shall refund to La Costa the difference upon completion of the work and its acceptance by District. 8. Until such time as the said water line proposed to be constructed'as above set forth has been accepted by District, La Costa shall be responsible for the care, mainten- ance of, and any damage to the said water line. 9. The acceptance of the work on behalf of the District shall be made by the Board of Directors of District upon the recommendation of District's Manager and District's Engineer. Such acceptance shall, not constitute a waiver by District of any defects in the work. La Costa, by this agreement, guaran- tees for a period of one (1) year from acceptance, all of the work covered by this agreement, and shall repair and replace any and all such work that may prove defective in workmanship and/or materials within seaid one-year period without expense to District. In the event of failure to comply with the provisions of the guarantee within ten (10) days after notice in writing, District is authorized to have the defects repaired and made good at the expense of La Costa, and La Costa shall pay the cost thereof on demand. 10. La Costa shall, upon acceptance of the work by District, provide District with a statement showing the actual cost of construction of the work contemplated herein and formally dedicate all facilities to the District. _- 11. District upon attaining satisfactory title to the -3- easements and fee above referred to, the approval of plans and specifications for the twelve-inch water line and the delivery to the District of the Labor and Material and Completion Bond, -.- will acknowledge that it has an adequate water supply and distri- tuion system to serve La Costa's new proposed subdivision, the same being La Costa South Unit #1. 12. La Costa agrees that it will complete the construction of the above referred to twelve-inch line on or before u< 1969. 13. La Costa agrees to allow District to obtain suitable fill material from any practicable location on La Costa's undev- eloped real property for the purpose of filling in the tank site and preparing the same for construction of the tank provided that such removal of fill material is done in accordance with good engineering practices. 14. In the event it becomes necessary to enforce the terms of this agreement through litigation, the prevailing party will be entitled, in addition to all other sums, to reasonable attorneys' fees and costs. r. . I i 15. This agreement is binding upon the assigns and succes- sors in interest of the 'parties hereto. 16. It is understood that this .agreement only supersedes that agreement between the parties hereto dated October 31, 1967, to the extent that it is inconsistent therewith. . .~ CARLSBAD MUNICIPAL WATER DISTRICT "District" RA LA COS'IJ!, INC. BY tary -- -I , ~ "La Costa'! - 4- __-. RECORDING REQUESTED BY _- AND WUIN RLCORDID MAIL 10 Lndreasen, Thompson, Gore & 1 Noma Str.., Grosse ciw ' Oceanside, California 804 Third St. J stof' L MAIL TAX SlATtMENTS TO r 1 - SPACE ABOVE THIS LINE FOR RECORDER'S USE I Noma Carlsbad Municipal Water Distridt 5780 El Camino Real Add Carlsbad, California AFFIX I.R.S. $ IN THIS SPACE P i L FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LA COSTA LAND COMPANY a corporation organized under the laws of the state of hereby GRANTS to CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911 Illinois the following described real property in the County of San Diego , State of California: All that parcel of land lykg within the Northwest Quarter of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government 'Survey thereof l SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- 'ment to be executed by its President and Assistant Secretary thereunto duly authorized. Dated : President Assistant Secretary STATE OF CALIFORNIA SAN DIEGO COUNTY OF On April 17, 1968 before me, the under- - BY . signed, a Notary Public in and for said State, personally appeared Merv Adelson , known President, and Burton Kramer -known to me to be to me to be the Assistant Secreta 9~~~~~~~~~~~~~~~~~~'~~~~~~~~~~~~~~lllllllllllllllllllllilil,i,~,,i~ /,,/, 1 ,l,i,,,,,,,. ,. ., ,, , , ,,,,,,,., - - PRINC~PAI. OFFICE IN ORANGE COUNTY 3 ~~~~~~~~~~~~~~~~~~,.rllllllllllllllllllllll~lllllllllllll,l,l,lllll,iillll,,ll,,l~ ,(,(,,(,,(, (,l,il~ ,,,,, My ~O~ITkSiOn Expires April 26, 1971 Judith C. Barkkarie (This area for omrial notmrial sed) . Name (Typed or Printed) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE '. EXH I B IT "A" \ . 3 ' -. , '. . .. i BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER ' OF SECTION 258 THENCE ALONG THE WEST LINE SOUTH OOO45'43" WESTr - .. 166ef3 FEET TO THE NORTHEASTERLY LINE'OF THAT CERTAIN 200.00 I FOOT WIDE STRIP OF LA'FJD DESCRIeEO IN EhSEMENT DEE0 TO THE SAN DIEGO CAS G ELECTRIC COO* FILED IN THE OFFICE Of THE COUNTY RECORDER OF SAIb SAN DIEGO COUNTY YAY 12, 1954r AS DOCUMENT NO. 62394 IN BOOK 5235, PAGE 130 OF OFFICIAL RECORDS8 ,THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 60036'27'" rAST -RECORD I SOUTH 6lo0Y'53" EAST=*308015 FEET TO A POINT ON THE ARC OF A 1051000 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 44028'03" EAST SAID POIBT BEIhG s ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°31'57"t A DISTANCE ' THE TRUE POINT OF BEGINNING8 THENCE tjORTHEASTERLY ALONG THE OF 193.20 FEETI THENCE TANGENT TO.SAID CURVEo NORTH 35°00'00" EAST, 20000 FEET1 THENCE SOUTH 60O36'27" EAST, 17!5r00 FEET1 THENCE S0UT.H 49" 54'33" WEST, 223055 FEET TO AN INTERSECTION ' WITH THE NORTHEASTERLY LZNE OF SAtD*PARCEL DESCRIBED IN DOCUMENT 1 8 NO0 623941 THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 6Q*36'.27" !.' J /I I \ I. WESfr ~40000.FEEf TO THE TRUE POINT 0P:BEG'XNNINC. -- _- .! .I I--------- - -- I i EXHIBIT "A" ', ,. .- "s I GRANT OF RIGHT OF WAY LA COSTA LAND COMPANY, an Illinois corporation, as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT, its successors ' and assigns, an easement of right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmis- sion and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings, structures or any other substance which interferes with the normal ingress and egress rights and the accessibility of the pipeline for main- tenance and repairs. The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as set forth in Exhibit "A",.which exhibit is attached hereto and made a part hereof. The said easement of right of way in the aforesaid lands is particularly described in Exhibits "B'l and "C", which. exhibits are attached hereto and made a part hereof. Grantor and its successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plan any tree or trees, drill any well or wells, or cause direct1y"or indirectly any modi- fication of the right of way which increases the burden of Grantee's rigbt of ingress and egress and the accessibility of the pipeline for maintenace and repair, within the limits of said right'of way. Grantee shall have the right to erect, maintain and use gates in all fences which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this ease- ment in whole or in part being hereby granted to the Grantee. Grantor is hereby given the right to dedicate any portion of the real property over which said easement lies to any County, State or City for road purposes, provided, however, if it becomes necessary to improve said right of way before the same will be accepted by the City, County or State, and such improvements require the relocation of any of Grantee's c EXHIBIT "Bl' c ..- @- 1 improvements theretofore constructed in the right of way, the entire cost of such relocation shall be borne by Grantor before this subordination to the right to dedicate to City, County or State shall be effective. It is also understood and agreed by the parties hereto that the Grantor and its successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee, saving and excepting 'in conjunction with a dedication of said land for road purposes as above provided, in which event should the change in elevation required for such dedication and acceptance, at the sole discretion of Grantee, endanger the structural integrity of the improvements theretofore made by Grantee, said improvements shall be relocated as above provided. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its President and Assistant Secretary thereunto ddy auTKXYed, this 17th day of April , 1968. LA COSTA LAND COMPANY (SEAL) Assistant Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: On April 17, 1968 before me, the under- signed, a Notary Public, in and for said County and State, personally appeared Merv Adelson known to me to.be the President, and Bur-con L. corporation that executed the 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 a resolution of its board of directors. Kramer known to me to be the Assistant Secretary of the Witness my hand and official seal. A /; ' County and State ,/ -2- ~ _. . -. 4 I I Tho Northwest Quarter of the Southeast Quarter and the North Iialf of the Southwest Quarter of Suction 25, Township 12 South, Rango 4 West, SBBM, in the County of San Dlego, Stato of California acoordtng to the United states Governmen2 Survey thereof. J _-- - EXH I B IT "A" 1, c .. ''. .,i ';J'> . , < AN .EASEMENT AND RIGHT. OF WAY FOR..A WATER PIPE LI~E .A{D APPUR~ENAN~ES', . , .. .-,. . . ' 'i THERETOt OVER't UPON Ah0 UNDER A STRIP OF ,LANb'20 FEET WIO'E. 'HALF OF 'THE SOUTHWEST HALF OF SECTION 25,. TOWNSHIP ,12' SOUTH, '..% ... ,IN THE NORTHUEST QUARTER OF TkE SOUTHE'AST'QUARTER AND THE NORTH RANGE.'~'.WEST, SAN' BERNARDINO BASE AND .MERIDI;AN, IN THE COUNTY ,: .',; 'AS FOLLOWS8 '; :*. .,,* '-' +',.t-,? OF SAN DIEGO, STAT,€ OF CALlFORNtA* ACCOROING TO ~OFFICfAL PLAT ...,.. :, THEREOF, THE CENTER'LINE OF SA10,Z'O FQal .STRIP BEING DESCRIBED . )' 1, ., I&. , .i. .. .. .... . , . COMMENC~NG AT. THE NORTHWEST CORNE~R .OF 'THE SOUTHEAST Q.UA'RTER' ' I.. . OF SAID SECTION :25 I THENCE ALONG THE WEST, b?E(E ' THEREOF g, SOU 4 '-- ! ,, P , + .. . . . ,.I,. .; . ', '. , ,, . .. . F-- ..' :. . 00'45'43" WEST,' 166.73 FEET TO.THE 'NORTHEASTERLY LINE 0.F .THAT . ,, ,. I CERlAIN 200.000 FOOT,WIDE STRIP OF LAND DESCRIBED IN EASEMENT ' .. .; ! L' ' -.,, , - . -. ':.;A DEEO TO THE SAN DIEGO GAS G'ELECTRIC coo, FILED IN THE OFFICE ., OF THE COUNfY,RECORDER OF SAID SAN OIECO COUNTY MAY 12, 1954 . 3 *. ,+' v . 'f . L. i. . * *. . '. AS DOCUMENT NO. 62394, OF OFFICIAL' RECORDS#. THENCC,ALO.NG .SAID .. .NORTHEASTERLY LINE, SbUTH 60*36)27". EAST,' -RECORD SOUTH 61°07'53". CURVEt CONCAVE,NORTHW&STERLYr A RADIAL LINE TO SAID POlNf BEARS ': 'I, ,. ',... EAST- 267048 FEET TO :A POINT ON'THE ARC OF *A 1012000 FOOT RADIUS, i" .. :. SOUTH 430 49'38a EAST;# SArD .POItJT BEING THE TRUE POINT OF BEGINNING::". ' (',OF THE' HEREIN DESCRIBED CENTER. LINEl. THENCE. SOUTHWESTERLY ALONG "A DISTANC.E'OF 597048 FEETI THENCE TANGEN.T TO SAID CURVE SOUTH '80°00'OO"4,WE.ST.t 670mOO FEET TO THE BEGINNING OF' A 1012rOb - THE ARC OF SAID-CURV~. T~ROUGH A CENTRAL 'ANGLE OF 33049'3~~ .- .. ,. ,. '. FOOT RADIUS CURVE, CONCAVE NORTHERLY1 'THENCE'WESTERLY, AND NORTHWESTERLY , ;I'? .. , , , ALONG THE.ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF Z5044'.00n* ': .. :' ,."";,. A DISTANCE OF 457046 FEET TO A POINT WHICH BEARS SOUTH 15°54'00w :.' WEST@ 13600 FEET 'FROM THE NORTHERLY .TERMINUS' OF THAT CERTAIN ::. I. .- .'": UNIT NO. 49 IN THE'.COUNfY OF SAN. DIEGO, *STAJ€ .OF CALIFORNlAv .:.. ' i . .. . . COURSE FORPING A PORTION OF fHE BOUNDARY'OF LA.COSTA VALLEY, . COUNTY 'IRECO~DER ON. SEPTEMBE '.!':STRIP BECtNS IN: SAIP NORTH€A DIECO GAS t EL€ TRIF EASEMEN ACCORDING ',To.MAP' THEREOF NO0 5781:r FILE0 ,IN .fHE~OFFICE OF THE '!' .:' ".,' .I . .. ..\< 6 . ' .. ,:.'THEREON AS WORTH 1505ri*Oow .. ", 'LA. COSTA VALE, UN.1; T NO,,, 4 .. ~1,' ,, F ,... ' .,_ -46 . . '. EXH IB IT "B I' I. .-'AN EASEMENT AND RIGHT OF WAY FOR A MATER pip€ LINE AND'APPURTENANCES . THERETO, OVER, 'UPON AND UNDER THAT PORTION OF THE NORTHWEST' QUARTER OF THE SOUTHEAST.QUART&R OF,SECflON 24, TOWNSHIP 12, - SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE 1 I ..' IN THE.COUNTY. OF SA" O-IEGO, STATE OF CALIFORNIA, ACCOROING BEGINWIG A+' WE' NORTHWEST CORNER OF THE SOUTHEAST QUARTER '' ' TO OFFICIAL PLAT THEREOF. DESCRIBED, AS~~OL~OwSi , .. '* OF SAID SECftaON'25I I THENCE ALONG THE WEST LINE THEREOF SOUTH *I ' #I OOO45'43" WEST, 166073 FEET TO THE NORTHEASTERLY LINE OF THAT DEED TO THE SAN DIECO GAS G ElECTRfC COO, PILED IN THE OFFICE '('CERTAIN 2OOobO.FOOT WIDE'STRIP OF LAND DESCRIBED INqEASEMENT a' ,. f 5. 1' I '1 OF THE COUNTY, RECORDER OF SAID 'SAN; Ot EGO COUNTY MAY AS DOCUMENT NO0 6i394 OF 'OFFICIAL RECORDS8 THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 60O36'27'' EAST, -RECORD SOUTH 61'07'53" RADIUS CURVE( CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43O39'17" EAST, SAfD POINT BEING THE TRUE CURVE THROUGG A CENTRAL ANGLE OF 11°20'43n A DISTANCE OF 190041 FEETI THENCE TANGENT TO SAID CURVE NORTH 3S000'00" EAST 20000 FEET: THENCE SOUTH 55000'00" EAST, 49000 FEET TO-THE MOST NORTHERLY 12 B '1954; - - -- I, <. EAST- 257003'FEET TO A POINT ON THE ARC OF A 1002000 FOOT POINT OF BEGINNING) THENCE NORTHEASTERLY ALONG THE ARC OF SAID' CORNE-R OF PARC€L 1 DESCRIBED ABOVE! THENCE ALONG THE NORTHWESTERLY. ., LINE OF SAID PARCEL 1, SOUTH 35*00'00" WEST9 29000 FEET TO ., ' THE BEGINNING OP A TANGENT NORTHWESTERLY8 THENCE SOUTHWESTERLY ALONG THE ARC OF SAID. CURVE THROUGH A CENTRAL ANGLE OF 10°31'57", A OISTANCE OF 193~20. FEET TO AN IhTERSECTION WITH THE.NOR'rHEASTERLY LINE OF SAID PARCEL bESCkIBE0 tN DOCUMENT NO. 6230941'fHENCE ALONG SAID * NORTHEASTERLY LINEt NORTH 6 WEST, 51012 FEET TO TH€ TRUE POINT OF BECl~NINGo &' 1051~00'F00T RADIUS CURVE, COhCAVE, I -. . L. I I -. ', I, U.?' +, 8 - 'I +I :, . .. *_ -I r( 1. . ," ,*;, 9. * ~ * -_ - - '. .. i. EXHIBIT "C" c . .I 1 GRANT OF DRAINAGE EASEMENT LA COSTA LAND COMPANY, an Illinois corporation, as Grantor, for and in consideration of the sum of One Dollar and other valuable considerat'ion paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district, as Grantee, receipt whereof is here- by acknowledged, does hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT, its successors and assigns, an easement for drainage purposes twenty feet in width in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines or open drainage ditch, together with their necessary fixtures and appurtenances at such locations and elevations of way as Grantee may now or hereafter deem convenient and necessary from-time to time, together with the ri5ht of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, building, structures and any other substance which interferes with the use of said right of way, together with the right to discharge excess water in'to the natural drainage channel running through the lands hereinafter described. upon, along, over and under the hereinafter described right f, The lands in which said easement of right of way and drainage is hereby granted are situated in the County of San Diego, State of California, and more particularly described as set forth in Exhibit "A", which exhibit is attached hereto and made a part hereof. The center line of said easement of right of way in the aforesaid lands is particularly described in Exhibit "B'l , which exhibit is attached hereto and made a part hereof. Grantor and its successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill aqywell or wells, or otherwise perform any adt which will interfere with the free use of this right granted herein, within the limits of said right of way. be granted on, under or over said strip of land by Grantor without the previous written consent of Grantee. Grantor a'grees that no other easement or easements shall It is also understood and agreed by the parties hereto that the Grantor and its successors or assigns shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto an,d this instru- men; to be executed by its P r e s i dent and &2&L?' Se c re t ary thereunto duly authorized, -17th day of April , 1968. .- '(SEAL) LA BY President Assistant Secretary EXHI B IT "C" , TO 449 C (Corporation) L 8 *I I, } ss. STATE OF CALIFORNIA COUNTY OF SAN DIEGO on April 17, 1968 before me, the undersigned, a Notary Public in and for said mown to me to be the President, and Burton La Kramer , bnown to me to be Assistant Secretary of the corporation that executed the within Instrument, known to me to he the persons who executed the within lnstrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. %ate, personally appeared Merv Adelson lIlilllllllilllll OFFICIAL SEAL JUDITH C. 3ARKXARIE NOTARY ?Uill.lC - CF.LIFORNIA PRINCIPAL OFFICE iN : ORANGE CGUNTY i. Signature ~~llillllllllllsllllllllilllillili;lliiliiillllllillilllliiliilii~l~ll~li,l~i,l,l,,,,l,~,illl,,,,,,l,,l~,,l,,,~~ My Commission Expires April 25, 1971 th C. Barkkarie Name (Typed or Printed) (This area for official notarial seal) . *. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER 0 i ' OF SECTION 25t THENCE ALONG THE WEST LiNE SOUTH 00O45'43" WEST, - .. 166073 FEET TO THE'NORTHEASTERLY LINE'OF THAT CERTAIN 200.00 3, FOOT WIDE STRIP OF LAND DESCRIBED IN E4SEMENT DEED TO THE SAN . DIECO GAS G ELECTRIC COO, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAlb SAN DIEGO COVNTY YAY 12, 19549 AS DOCUMENT NO. 62394 IN 800K 5235, PAGE 130 OF OFFICIAL RECORDS, .THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 60O36'27" FAST -RECORD SOUTH 61001'53" EAST~s308015 FEET TO A POINT ON THE ARC OF A 1051r00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RAOfAL * LINE TO SAID POINT BEARS SOUTH 44028'03* EAST SAID POINT BEIhG THE TRUE POIlVT OF BEGINNiNGI THENCE YORTHEASTERLY ALONG TktE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10031'57', A DISTANCE EAST, 20000 FEETI THENCE SOUTH 60036'27" EAST, 174400 FEETI THENCE SOUTH 490 54'33* WEStt 223.55 FEET TO AN INTERSECTION We 623941 THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 6Q036',27" c- I * OF 193.20 FEETI THENCE TANGENT TO.SA1D CURVEV NORTH 35°00'00" i WITH THE NORTHEASTERLY LZNF OF SAJ~PARCEL DESCR~~ED IN DOCUMENT . i I. ' WEST- 140r00 .FEET TO THE TRUE POINT OF'BEGINNING* - ---- -I - __ --_" ._ l.". . --- ---- - -_ I EXH I B IT "A" . .. .. . AN EASEMENT FOR THE COASTRUtTiONc OPERATION AND MAINTENANCE 0F.DRAINACE SYSTEM OVER THAT PORTION OF THE dORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH9 RANGE 4 WEST, SAN BERNARL)INO BASE ANQ MERIDIAN, IN THE COUNTY 'OF SAN DIEGO, STATE OF CALIFORNIA, BEING A STRIP OF LAND 20 FEET WIDE L'YiNC 10 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED , CENTER LINE: , BECSNNINC AT THE MOST SOUTHERLY CORNER OF THE ABOVE.DESCR18ED PARCEL, .THEhlcf NORTHEASTERLY OF SAID PARCEL, NORTH 49O54'33" EAST, 100000'FEEf TO THE POINT OF BEGINNING1 THENCE SOUTH 40*04'27" EAST, 60000 FEZTO ALONG THE SOUTHEASTERLY LINE TRUE , L? . I .., 1 9 ,. ' 5.. ., . .. /. .I .. I. 3. ... EXHIB IT "Bl' I--- i AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND THIS AGREEMENT is made this /7fk day of April, 1968, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and RANCHO LA COSTA, INC., and LA COSTA LAND COMPANY, hereinafter called "Subdivider", in view of ' the following facts and for the following purposes: (a) Subdivider is about to present to the County of San Diego for final approval a subdivision map covering property lying within the boundaries of District, pursuant to the provisions of the Subdivision Map Act of the State of California and in compliance with the provisions of the ordinances of the County of San Diego relating to the filing and approval of subdivision maps. (b) Plans and specifications for the construction of the water system for said subdivision have been prepared and have been approved by the Board of Directors of District. Said plans and specifications were prepared by McIntire' 6 Quiros, Monterey Park, California, and are identified as LA COSTA SOUTH UNIT #1 consisting of 185 lots and are incorporated herein by reference. (rfl * 2&9'..-/) ., (c) No present commitment is required of the District as to water or sewer service to said subdivision lands. IT IS, I :-<LP?RE> AGREED: 1. IL ,ons_aeratior~ of the ap?roval by District of the plans and specifications for said subdivisi;, xnown as LA COSTA SOUTII UNIT #1, Subdivider agrees to dc -.ii perform, or cause to be done and performed, at his own 3-ipense and without cost or liability tcj I)istrict, all af the public work and improvement required ZG 5e done in and adjoining said subdivision in the construction of a complete water system to serve said , .- c d property. Said work shall be done and performed in a good and workmanlike manner under the direction of and satisfactory to District, all in strict conformity and in accordance with the plans and specifications covering said work and the general specifications covering said work and the general specifications for pipeline construction adopted by District. Subdivider will furnish a11 necessary materials and labor required in said work and will pay and discharge all bills and claims arising out of the performance of said work. 2. Subdivider agrees that all of the work covered by 1969. 3. Subdivider agrees to pay to District on demand the &gjL /Tf this agreement will be completed on or before full amount of all District's costs incurred in connection with the work, including plan checking, inspection, materials furnished, and all other expenses of District directly attri- butable to the work, plus a reasonable amount for District's overhead in copection therewith. with District concurrently with the execution of this agree- ment the sum of $4,400.00, being the estimated amount of District's expenses. Should the expenses incurred by District be in excess of said deposit, Subdivider shall pay the amount of such excess to District on demand. Should District's Subdivider shall deposit expenses be less than the amount deposited, District shall refund to Subdivider the difference upon completion of the work and its acceptance by District. 4, Until such time as all public improvements proposed - I. to be constructed in said subdivision, I~C~-LIG~T?Z streets, curbs , drains, sewers, gas and utility lines, grading, ztc., shall have been completed and accepted by District and all other -2- J b public authorities having jurisdiction, Subdivider shall be responsible for the care, maintenance of, and any damage to the water mains or water system or sewer system within the proposed subdivision. No permanent water service to any parcel of land within the subdivision shall be allowed until after acceptance by the District. 5. Until such time as the work covered by this agree- ment has been finally accepted by District and title thereto, together with all necessary easements and rights of way, transferred to District, District shall be under no obliga- tion to furnish water to any portion of the lands located within said sqbdivision, (other than such construction water as may be delivered under a temporary service agreement with Subdivider). No improvements which may be constructed within the subdivision shall be permitted to be occupied until the District has finally accepted the water system. 6. The acceptance of the work on behalf of the District shall be made by the Board of Directors of District upon recommendations of District's Manager and District's Engineer. Such acceptance shall not c0nstitute.a waiver by District of any defects in the work. Subdivider, by this agreement, guarantees for a, period of one (1) year frcx acceptance, all of the work covered by this agreement, and shall repair and replace any and all such work that may prove defective in workmanship and/or materials within said one-year period without expense to District. In the event of failure to comply with the provisions of the guarantee within ten (10) days after notice in writing, District is authorized to have the defects repairedand made good at the expense of Subdivider, and Subdivider shall pay the cost thereof on demand. -3- 7. Subdivider shall, upon acceptance of the work by District, provide District with a statement showing the actual cost of construction of the work contemplated herein I: and formally dedicate all facilities to the District. 8. Subdivider shall furnish and deliver to District, at no expense 'to it, a surety bond written by a reliable surety company authorized to do business in the State of California, in the penal sum of $130,000.00, which bond shall insure the faithful performance of this contract by Subdivider. Said bond shall also inure to the benefit of all persons entitled to the protection of the Mechanics Lien Laws of the State of California. 9. In the event it becomes necessary for District to take legal action to enforce the terms of this agreement, Subdivider agrees that it will pay District reasonable attorneys' fees and costs. IN WITNESS WHEREOF, this agreement has been executed by Subdivider and on behalf of District by the President of its Board of Directors, pursuant to authority of Resolution No. ,216 adopted by District s Board of Directors. CARLSBAD MUNICIPAL WATER DISTRICT Approved as to. foxm: &d&d+. Legal Counsel for District Recommended for Execution: General Manager, District Bv "District" RANCHO LA COSTA. INC. . -. -. .. LA 4tOSTA LAND COMPANY -4- . Assistant S.ecfetai-y "Subdivider" % GRANT OF RIGHT OF WAY - I; -:.. LA COSTA LAND COMPANY, an Illinois corporation, as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT, its successors and assigns, easements of right of way in, upon, over, under and across the land hereinafter described, to erect, con- struct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmis- sion and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter described rights of way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said rights of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said rights of way from explosives, buildings, structures or any other substance which interferes with the normal ingress and egress rights and the accessibility of the pipeline for maintenance and repairs. The lands in which said easementsof rights of way are hereby granted are situated in the County of San Diego, State of California, and are particularly described as set forth in Exhibit "A", which exhibit is attached hereto and made a part hereof. The center line of said easements of rights of way in the aforesaid lands is particularly described as parcels 1, 2, 3 and 4 in Exhibit "B", which exhibit is attached hereto and made a part hereof. Grantor and its successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, drill any well or wells, or cause directly or indirectly any modifi- cation of the rights of way which increases the burden of Grantee's right of ingress and egress and the accessibility of the pipeline for maintenance and repair, within the limits of the said rights of way. Grantee shall have the right to erect, maintain and use gates in all fences which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign these ease- ments in whole or in part being hereby granted to the Grantee. be granted on, under or over said strip of land by Grantor without the previous written consent of Grantee. Grantor agrees that no other easement or easements shall .- It is also understood and agreed by the parties hereto that the Grantor and its successors or 'assigns, shall not r;. increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described rights of way, existing at the time this document is executed, with- out the previous written consent of the Grantee. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its Pres ident and 1968. day of Secretary thereto duly authorized, this - (SEAL) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ) ss: LA COSTA LAND COMPANY BY BY On before me, the undersigned, a Notary Public in and for said County and State, personally appe are d known to me to be the President , and known to me to be the Secretary of the corporation that executed the 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 a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said County and State 0 -2- , EXH f BIT "A " Tho Northwest Quart r of the Southeast Quarter and the North IIalf of the Southwest San Diego, Stato of California according to the United States Government Swey thereof. Quarter Of Saction3%, Township 12 South, hngo 4 West, SBBM, in the County Of -r -- - - r' .. ; ,. - ,,~., ,- .. .. -- .- .. s I . I- * \ ?. I .. .. .. ,. .-. .. f f I. I &xc/ I I* i *' A 10.00 foot easement for water lines pnd related appuktcnances ' over that portion of Section 36, TownL.,i? 12 South, Ranyc 4 West, Sa.n Bernardino Meridian in the County of San Dieyo, State of California, according to the official plat of said land approved October 25, 1875, the center line of which is described as follows: Beginning at the North Quarter corner of said ;ection; thence "TRUE POINT OF BEGINNING"; 'thence South 00b03'46" East 190.00 1 z* t '1997.94 feet; thence South 89°56'14i''West 90.19 feet to'.the i- .'. ,a 1 along the North-South quarter section line South..00°18'48" West ' t Za=c/ 2 .. . . An easement fox watcr J-ines. and related appurtenances o+er that pox-tion of Section 36, Township 12 South, Range 4 West, San October 25, 1875 being a strip of landaQ.00 .feet wide, the center I.ine of which is described as fOllOw5: - Beginning at the intersection of the easterly prolongation of the Center line of Almaden Lane 50.00 feet wide and- a line parallel with and/D.00 feet easterly from the easterly Imine of Lot 3-94 of La Costa Valley Unit No. 4 as per map No. 5781, filed September 14, 1966, in the office of the County.Recorder of said county; thence South 13°591S0" West along said parallel 20.00 foot easement described in the dekd recorded February 27, 1962,. Series 3, .Book 1.962 under Recorder's File No, 33068 in the office' of the County 'Recorder of said couiity. ' Bernard;-no Meridian in the County of San Dieyo'and State of ..- . Californi.a, according to the offj.cia1 plat of said land approved 1 9' c I 1 .' I' line and its southerly prolongation to the North line of the .. * -. 1. 'q . .- -- . firLe/ -2 4 A 20.00 foot easement for imtex lines arid . over that portion of Section 36, TotmshiE San Bernardino Keridian in the County of S , ~alifornia ,. acc:olrdiny t.0 the official plzt October: 25, 1875, the center line of which . follows: , re la t ed appurtenances 12 South, Range 4 West an Diego, State of of said ,land approve? is described as f L BeZlinniKl at the West (lUarter corner of said Section; tlience along the \Vest line of said section South 00°3212()" p~~~t.75.86 , feet; thence South 77°48'00" East 12.38 feet; thence ~~~tl~ 120 12'00" East 42.00 feet to the "TRUE POINT OF BEGINNINGi1; 'thence continuing North 12°12'001' East 273.00 feet; thence North 33O 12'00" East 310.00 fedt; thence North 8O48'0Oit- west .to the recorded February 278 1962, Series 3, Book 1962 under Recorder's File No. 33068 in the Office Of the County Recorder of said county. F9ci '2800 foot easc:ment for water lines and related eppuktenances' i i I I South line of the 20*00 foot easement described in the deed .... ' *- -4 - 7. ._. - ~ -- 1'- -. - -- - 1 !' 1 over that portion of Section 36, TownG.ip 12 South, Range 4 West;, !. * Sa,n ~ernarclino N@ri.dian in the County of San Diego, State of tal-ifornin, according to the official plat of' said land approved October 25 , 1875, the center line of which is. described as follows: the North-South Quarter section line South 00°18!481i West 1997.94 'feet; thence South 89°561141' West 90.19 feet to the ''TRCE POINT OF BEGINNINGi'; thence North 00°031,461' West'to the South line of the 20.00 foot easement described in the deed recorded February 278 *. 1962, Series 3, Book 1962 under Recorder's File No. 33068 in the office of the Coimty Recorder of said countyb e. 8 , Begj-nnj.ng at the North Quarter corner of said Lection; thince along 1 .. - * -u ' 1 *R'ECORDING REQUESTED BY t, Grosse Andreasen, Thompson, Gore AND WHEN RECORDED MAIL TO r Noma snget Address . City h L 1 '_I SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIX I.R.S. $ IN THIS SPACE TO 403 C THIS FORM FURNISHED DY TITLE~NSURANCE AND TRUST COMPANY I 9. , 9 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CARLSBAD MUNI c IPAL WATER DISTRICT, a water district, organized and existing under the Municipal Water District Act of 1911 hereby REMISES, RELEASES AND QUITCLAIMS to LA COSTA LAND COMPANY, an Illinois corporation that property in San Diego County, State of California, described as: Property Description on Exhibit "A" attached In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its- President and Secretary thereunto duly authorized. Dated: AFrj 1 19h8" CARLSBAD MUNICIPAL WATER DISTRICT President Secretary } ss. BY STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1968 before me, the under- By on April signed, a Notary Public in and for said State, personally appeared , known President, and - known to me to be Secretary of the Corporation that executed the 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 Instrc ment pursuant to its by-laws or a resolution.of its board of director.. WITNESS my hand and official seal. to me to be the Signature Name (Typed or Printed) (Tlila area fur omrial notarial mal) Title Order No. Escrow or Loan No.- Becjirdng at a p0i.n.t: on the West 1i.ne of ssid Section 3G which is distant thereon South O"34'20" West 32.38 feet froni thc? West. . quar.ter cornei: of said scckj.on; thence a.to;lg sazad West line , - South.0'34'20" West E5.76 feet; thence South 77'48'00" East; 28.74 . feet to the beginning of a tangent curve coiic~lve to the h'arth having a radius of 1-542.00 feet; theilc'e easterly along saia curve 106.48 feet through i. central angle of 3O57"23"; thence South 7' 57'53" West 15.02 feet; thence South 82O02'07" East 15.00 feet; thence North 7'57'53" East 15.02 feet to a point in a non-tangent . . curve concave to the North having a radius of 1542.00 feet, a radial line to said point bears South 07°41-110" West; thence easterly along sakd curve 217.00 feet through a central angle of 8O03'46"; thence N0rt.h 83O37'2.2" East 358.01. feet to the beginning of a tangent E42.00 foot radius curve concave noFtherly; thence easterly al.ong said curve 101.00 feet through an angle of 6O52'22"; thence South 0'58'52'' West 410.99 feet; thence South 51O55'54" East 228.45 feet; thence South 0'41'23" Wsst 43.2.50 feet; thence North 89'18'37" West 7.11 feet; thence South 0' 41'23" West 220.00 feet to a point on the South line of the North half of the southwest quarter of. Section 36, which is distant Sou+-h 89'18'37" East 993.00 teet'from the southwest corner of said North half of the southwest quarter of Section 36; thence along said South line South 89O18'37" East 1057.50 feet; thence North -75'07'24" East 145.33 feet) thence South 89'18'37" East 134.03 feet; thence South 76'17'33" .East 62.84 feet; thence South 70°53'25" East 62.57 feet; thence North 23'06'20" East 121.00 feet to a point in a non-tangent curve concave to the southwest 'having a radius of 570.00 feet, & radial line to said point bears North 23°06'20" East; thence southeasterly along said curve 176.74 feet through a centr?'. angle of 17'45'57"; thence tangent to said curve South 49'07'43" East 25.00 feet; thence North 40'52'17" East 181.00 feet; thence South 49°0714311.East 210.00 feet; thence North 40'52'17" East 121.00 feet; thence South 49'07'43" East 116.73 feet; thence North 40°52*17" EAst 32.5.13 feet to a point on an 801.00 foot radius curve concave northeasterly, the radius of Eaid curve bearins South 32'41'58" West to said point; thence northwesterly along said curve 114.25 fee, through an angle of 8°10'19"; thence tangent to said curve North 49"07'43" West 573.50 feet to t?s beyinrinz of a tangr-?JiL 1559.07 ic : radius curge cmcave ,buthwesterly, Lr:snce northwesterly a~o~g saic? curve 66.42 feet through an angle of 2'26'34"; thence radially to said curve North 38'25'43" East 354.74 feet; thence North 55O37'00" West 105.00 feet; thence North 34°23100" East 162.38 feet to the beginning of a-tangent.380.00 foot radius curve concave northwesterly; thence northeasterly along said curve 127.41 feet through an angle' of 19°12'40" to the beginning of a reversed 20.00 foot radius curve concave southerly; thence easterly along sa5.d curve 29.01 feet through an angle of 83' 06'28"; thence tangent to said curve South 81O43'12" East 92.13 EXHIBIT "A" ., feet; thence Noxkh G003'4G" F?r"st 458. 84 fcdt-; th;3i'ice South 89' 56'11i" \*jest 18.31. feet; thcncc: ~ortii OOO~"GG'! \':est 1~~0.00 feet; ' , thencc South E9'55'14" \::est .500.00 feet; thence. North G5°0E;'551' Wsst 587.00 fee-t; thence South 55'59 23." Kest G54.39 feet; thence South 64'39'14" East 1316.78 feet; thence Eorth 89"56'14" East .' ' 177.32 feet to a point on a 320.00 foot radius curve con'cavci northvx?sterly which i.5; concent..ric with that 380.00 foot rddius cucvc dcscribed almve, a radial to sa2.d 320 .OO foot curve to said point bearing South 86'19 '38" East to said point; thence southvestcrl.y along sai-ci curve 171.. 52 feet through an angle of 30O42'38"; thence tancjent to said curve South 34°23100" West .. 174.00 feet; thence North 55'37'00" Wkst 116..00 fee."i; thence North 61O46'38" Kest 196.08 feet; thence.North 72°2,411211 We.st 186.31 feet; thence North 24'24'54" East 5.8C feet; thence North 50°24'12" West 65.27 feet; thence South 39"3S148" West 32.58 feet; thence North 72O24'12" West 204.93 feet; thence'North 61°42'02" West 492.35 feet; thence North 76'25'45" West 11-3.38 feet; &h.enc_e &st 114.00 feet; # thence South 85"50'25" \&?est 110.29 feet; thence . ~ South 70'46' 50" West. 11.5.43 feet; thence South 63O15'05" West 184.91.' feet; thence South 74°47'111' West 389.41 fedi;; thence South 0°%2'36" East 132.61 feet; thence South 89'37.'24" West 352.01 feet to the beyinni'ng of a tangent curve concave to' the North having a i.-adius of 1458.00 feet; thence westerly along said curve 247.54 feet through a central angle of 9'13'39"; thence North 1.8°09'38" West 58.93 feet; thence South 71*50'22" West 15.00 feet; thence South 18°09'38" East 51.01 feet to a point in a non-tangcnt curye concave to the North having a ' radius of 1458.00 feet-., a radial -line to said point bears South 10°01'03" West; thence vestzriy along said curve 55.51 .feet through a central angle of ,2"10157"; thence tangent to I said curve North -77°48'00" West 46.02 feet to the point of beginning. .. .. '. ., .. . .. . . 4 -i . . d. ,/ I, STATE OF CALIFORNIA) COUNTY OF SANDIEGO ) ) ss: c- I, WILLIAM CARMICHAEL, Secretary of the Board of Directors of Carlsbad Municipal Water District, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a regular meeting of said Board held on the 17th day of April, 1968, and that it was so adopted by the following vote: AYES: Directors NOES : Directors ABSENT: Directors (SEAL) Water District and of the Board of Directors thereof.