HomeMy WebLinkAbout1991-02-19; Municipal Water District; 081; Grant Deed & Subordination Agreement. . p 2 s f 8
ACCEPTANCE OF GRANT DEED AND
PURPOSES FOR PACIFIC POINT BUSINESS
Adopt Resolution No. 715 accepting a Grant Deed and Subordination Agreement for water line purposes.
I ITEM EXPLANATION
Pacific Point Business Center, LTD., developer of the subject project, has granted an easement as directed in the attached documents. The easements are granted to the District for maintenance and operation of the water service to the project. The Union Bank, beneficiary of the subject project, has granted a subordination agreement to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement for Pacific Point Business Center, Parcel 2 of Parcel Map No. 16274, CMWD Project No. 89-C-296. The subject project is located north of Palomar Airport Road on the west side of Avenida Encinas.
Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes.
I FISCAL IMPACT
Requiring dedications and subordination agreements as a condition of water system improvements will save the District expenses in future easement acquisitions.
EXHIBITS
1. Location Map.
2. A Grant Deed from Pacific Point Business Center, LTD. and a Subordination Agreement from the Union Bank dated January 20, 1991.
3. Resolution 'No. 715 accepting a Grant Deed and a Subordination Agreement for water line purposes.
1 CMWD 87-C-219
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VOCATION MAP
WATER LINE EASE
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RESOLUTION 715
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR PACIFIC POINT BUSINESS CENTER, PARCEL 2 OF PARCEL MAP NO. 16274, CMWD PROJECT NO. 89-C-296
WHEREAS, PACIFIC POINT BUSINESS CENTER, LTD., a
California limited partnership, has submitted a Water Line Easement
conveying an easement to the Carlsbad Municipal Water District for
waterline purposes over a portion of Parcel 2 of Parcel Map No.
16274, Pacific Point Business Center, CMWD Project No. 89-C-296;
and a Subordination Agreement from the Union Bank, which provides
that foreclosure or other enforcement of rights under said deed of
trust shall not affect said easement attached thereto and shall be
made a part thereof;
WHEREAS, the Board of Directors of the Carlsbad Municipal
Water District has determined it to be in the public interest to
accept said Deed and Subordination Agreements;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors
of the Carlsbad Municipal Water District as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Pacific Point Business
Center, LTD. dated January 20, 1991, conveying an easement for
waterline purposes and a Subordination Agreement from the Union
Bank to agree that foreclosure or other enforcement of rights under
said deed of trust shall not affect said easement over a portion of
Parcel 2 of Parcel Map No. 16274, Pacific Point Business Center,
CMWD Project No. 89-C-296, which is on file with the Carlsbad
Municipal Water District and is incorporated herein by reference,
is accepted.
3. That the Secretary of the Board is authorized to
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cause the original Deed and Subordination Agreement to be recorded
in the office of the County Recorder of San Diego County, State of
California, with the appropriate Certificate of Acceptability
attached.
PASSED, APPROVED AND ADOPTED at special meeting of the
Carlsbad Municipal Water District held on the 19th day of
February I 199jb by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton
NOES: None
ABSENT: None
ATTEST: ,
&THA ti R&T-Z, Secretarv
KAREN R. KUNDTZ, Assistant Secretary (SEAL)
CMWD 89-C-296
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1498
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
Assessor's Parcel No. 210-090-47 Project Name & No.: Pacific Point Business Center Parcel 2 of Parcel Map No. 16274 CMWD Project No. 89-C-296
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL
@HAIJR&TEN+JRAN Z, Secretary Board of Directors
KAREN R. KUNDTZ, Assistant Secretary EASEMENT
PACIFIC POINT BUSINESS CENTER, LTD. a California limited
partnership, does hereby grant to CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized in the State of California,
its successors and assigns, an easement.
Purpose: The easement granted herein shall be granted for
the following purposes: the construction, operation, repair,
reconstruction and 811 activities necessary to construct,
reconstruct, operate, maintain and repair facilities designed for
the general purpose of collecting, storing, transporting, pumping
and treating all water, including surface water, stream water,
flood water and ground water flowing into said facilities, and
all natural and artificial drainage ditches and structures of any
kind, whether above or below the surface of the ground. Said
facility may include pipelines, pumping facilities structures
1 revised 10/19/90
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designed to control the flow of water and all facilities and
structures associated with said use which are designed to
facilitate the use and protect the facility from natural and
other forms of damage including, but limited to, erosion control
facilities, fences, gates, doors, locking devices, alarms,
lights, and all other such protective facilities and devices.
The use shall also include a means of access to and from said
facility for the purpose of constructing, operating, repairing,
maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee.
Grantor herein agrees that no buildings and/or structures will be
erected, walls constructed, fences built nor trees planted, nor
may the easement be used by the Grantor or any other person or
entity, including other utilities, whether public or private, for
uses whether compatible or incompatible with the uses described
herein without the express written approval of the Grantee.
Location of the Easement: The easement granted herein shall
be located within and upon the properties more particularly
described in Exhibit "A" and Exhibit rlBrl attached hereto and by
this reference made a part hereof.
PACIFIC POINT BUSINESS CENTER, LTD., a California limited partnership
By: SUDBERRY INDUSTRIAL #3, a California Limited Partnership and its General Partner
By: SUDBERRY PROPERTIES, INC.,
Dated:
(Attach
/z &a ?t3 / I
Notary Acknowledgment)
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BY: U
By: ~,~~%%z%&
revised 10/19/90
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CERTIFICATE OF ACCEPTABILITY
This is to certify that the interest in real property
conveyed by the Deed dated December 12 _-______.--------- , 1990,
from PACIFIC POINT BUSINESS CENTER, LTD., a California limited
partnership, STRICT, a Municipal Water District Act of 1911, as
amended, is hereby accepted by order of the Board of Directors of
the Carlsbad Municipal Water District on
February 19 -------------m---I 1991, and the Grantee consents to
recordation thereof by its duly authorized officer.
DATED February 20 , 1991.
CARLSBAD MUNICIPAL WATER DISTRICT By:
AL&IHA ti R&TEN$%ANZ, Secretary Carlsbad'Municipal Water District
KAREN R. KU~JDTZ, Assistant Secretary
CMWD 89-C-296 revised 10/19/90
STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO 1
On this /pm day of a.% n/c/.4bw 192, before me, the undersigned, a Notary Public in and/for Laid State, personally appeared AICH&R~ H. ~~~~~ and m9R. c f2477ER personally known to me (or proven to m,"on the basisCofzatisfactoLy evidence) to be the persons who executed the within instrument as SF&/CR V/C,= P&~E.s~I~,+J;~ and SISCRE I9 R\/ on behalf of SUDBERRY PROPERTIES, INC., the corporation therein Aamed, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be the general partner of Sudberry Industrial #3, Ltd., a California limited partnership and the general partner of Pacific Point Business Center, Ltd., a California limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
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PARCEL 2, PM NO.16274
CWMD 89-C.296
JN 114/89/89 7/25/90 FF REV. 11/28/90 FF
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 2, ACCORDING TO PARCEL MAP NO. 16274,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON OCTOBER 26, 1990 AS FILE NO. go-584113 OF
OFFICIAL RECORDS, BEING A STRIP OF LAND 15.00 FEET IN WIDTH,
LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
PARCEL A:
BEGINNING AT A POINT AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF AVENIDA ENCINAS, SAID POINT ALSO BEING A POINT ON A 337.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID CURVE THROUGH
SAID POINT BEARS NORTH 78'27'46" EAST; THENCE NORTHERLY 30.86
FEET ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 05'14'23 " TO THE TRUE POINT OF BEGINNING, A
RADIAL TO SAID TRUE POINT OF BEGINNING BEARS NORTH 83" 42'10'
EAST; THENCE LEAVING SAID RIGHT OF WAY LINE AND CONTINUING ALONG SAID CENTERLINE SOUTH 83'42'10" WEST, 29.51 FEET; THENCE SOUTH 63O 49'25" WEST, 118.82 FEET TO POINT 'A'; THENCE SOUTH 63O 49'25'
WEST, 93.05 FEET TO POINT 'B'; THENCE SOUTH 63"49'25" WEST, 32.60
FEET TO POINT 'C'; THENCE SOUTH 63'49'25" WEST, 53.02 FEET TO
POINT 'D'; THENCE SOUTH 63'49'25' WEST, 90.36 FEET; THENCE NORTH 22"30'29", 109.39 FEET TO POINT 'E'; THENCE NORTH 22°30'29" WEST,
257.28 FEET; THENCE NORTH 63"49'25" EAST, 45.96 FEET TO POINT 'F'; THENCE NORTH 63"49'25' EAST, 49.92 FEET TO POINT 'G'; THENCE
NORTH 63'49'25" EAST, 62.49 FEET TO POINT 'H'; THENCE NORTH 63"
49'25" EAST, 64.59 FEET TO POINT 'I" THENCE SOUTH 22O 30'29"
EAST, 52.17 FEET TO POINT 'J'; THENCE S&JTH 22O30'29' EAST, 70.15
FEET TO POINT 'K'; THENCE SOUTH 22O30'29" EAST, 22.39 FEET;
THENCE NORTH 63'49'25" EAST, 15.65 FEET TO POINT 'L'; THENCE
NORTH 63'49'25" EAST, 135.40 FEET TO POINT 'M'; THENCE NORTH 63"
49'25" EAST, 131.81 FEET TO POINT 'N'; THENCE NORTH 63" 49'25"
EAST, 12.00 FEET; THENCE SOUTH 67°40'OO" EAST, 55.05 FEET TO A
POINT OF TERMINUS, SAID POINT OF TERMINUS BE1NG.A POINT ON THE WESTERLY RIGHT OF WAY LINE OF AVENIDA ENCINAS.
ALSO PARCEL Al:
BEGINNING AT THE AFORESAID POINT 'A'; THENCE NORTH 26O 10'35" WEST, 19.00 FEET TO A POINT OF TERMINUS.
'WS/ll4-89 SHEET 1 OF 5 SHEETS
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EXHIBIT "A"
ALSO PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH EAST, 20.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE NORTH WEST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE NORTH WEST, 27.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A5:
BEGINNING AT THE AFORESAID POINT 'E'; THENCE SOUTH WEST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A6:
BEGINNING AT THE AFORESAID POINT 'F'; THENCE SOUTH
EAST, 20.39 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A7:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE NORTH WEST, 15.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A8:
BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH
EAST, 21.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A9:
BEGINNING AT THE AFORESAID POINT 'J'; THENCE NORTH EAST, 11.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL AlO:
BEGINNING. AT THE AFORESAID POINT 'K'; THENCE NORTH EAST, 16.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL All:
BEGINNING AT THE AFORESAID POINT 'L'; THENCE SOUTH EAST, 19.00 FEET TO A POINT OF TERMINUS.
26" 10'35"
26" 10'35"
26" 10'35"
67" 29'31"
26" 10'35"
26" 10'35"
26" 10'35"
67" 29'31"
67" 29'31"
26" 10'35"
WS/114-89 SHEET 2 OF 5 SHEETS C.M.W.D. 89-C.296
ALSO PARCEL A12:
1504
EXHIBIT "A"
BEGINNING AT THE AFORESAID POINT 'M'; THENCE SOUTH 26O 10'35" EAST, 16.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A13:
BEGINNING AT THE AFORESAID POINT 'N'; THENCE SOUTH 26' 10'35" EAST, 47.05 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B:
BEGINNING AT THE AFORESAID POINT 'I" THENCE NORTH 63' 49'25" EAST, 70.17 FEET TO POINT '0'; .THENCE WORTH 63O49'25" EAST, 79.50 FEET; THENCE NORTH 26" 10'35" WEST, 15.50 FEET TO A POINT OF TERMINUS.
PARCEL Bl, BEING A STRIP OF LAND 18 FEET IN WIDTH, LYING 9 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT '0'; THENCE NORTH 26" 10'35" WEST, 19.50 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF THE SAID 15.00 FOOT WIDE STRIP OF LANDS SHALL BE
LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF AVENIDA ENCINAS, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, A7, A8,A9, AlO, All, A12, A13, B AND Bl: 27831.13 SQUARE FEET.
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
WS/114-89 SHEET 3 OF 5 SHEETS
b.M.W,.D. 89'-C.296
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1507
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103
RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO
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Carlsbad Municipal Water District ; 5950 El Camino Real 1 Carlsbad, California 92008 1 Space above this line for Recorder's use. A.P.M. gio -090 - 47
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this &m day of Th??cEqsE& ,
19?%by PACIFIC POINT BUSINESS CENTER, a California limited - LTD.,
partnership, hereinafter referred to as "Owner I1 owner of the I
land and UNION BANK, a California corporation, hereinafter
referred to as @lBeneficiary", present owner and holder of the
deed of trust hereinafter described;
WITNBSSETH
THAT WHEREAS, Pacific Point Business Center, Ltd. did
execute a deed of trust, dated September 28, 1990, to Union Bank,
a California corporation, as trustee, covering Pacific Point
Business, Parcel 2, Avenida Encinas, CMWD Project No. 89-C-296,
in the City of Carlsbad, County of San Diego, State of
California, according to Parcel Map No. 16274 filed October 26,
1990, to secure a note in the the sum of $5,887,500.00 dated
September 28, 1990, in favor of Union Bank, a California
corporation recorded in the office of the County Recorder of San
Diego County on November 9, 1990 as FILE/PAGE NO. 90-61041 of
revised 10/24/90
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Official Records/of said county: and
WHEREAS, Owner has executed, or is about to execute, as
grantor, a grant of Easement dated /A.ho/Yo , in favor of
the Carlsbad Municipal Water District as grantee hereinafter
referred to as l'Easement Grantee," creating an Easement more
particularly described in Exhibits A and B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said
Easement provided the grant of Easement is a charge upon the
above described property prior and superior to the lien or charge
of the deed of trust above mentioned and provided that
beneficiary will specifically and unconditionally subordinate the
lien or charge of the deed of trust above mentioned to the lien
or charge of the Easement created in favor of Easement Grantee;
and
WHEREAS, it is to the mutual benefit of the parties
hereto that Easement Grantee accept said Easement and Beneficiary
is willing that the grant of Easement shall, when recorded,
constitute a charge upon said land which is unconditionally prior
and superior to the lien or charge of the deed of trust above
mentioned.
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties hereto and other valuable consideration,
the receipt and sufficiency of which consideration is hereby
acknowledged, and in order to induce Easement Grantee to accept
said Easement above referred to, it is hereby declared,
understood and agreed as follows:
1. That said Easement in favor of Easement Grantee
shall unconditionally be and remain at all times a charge on the
revised 10/24/90
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property therein described, prior and superior to the lien or
charge of the deed of trust above mentioned.
2. That Easement Grantee would not accept said
Easement above described withou t this subordination agreement.
3. That this agreement shall be the whole and only
agreement with regard to the subordination of the lien or charge
of the deed of trust above mentioned to the Easement in favor of
Easement Grantee above referred to and shall supersede and
cancel, but only insofar as would affect the priority between the
deed of trust and Easement hereinbefore specifically described,
any prior agreement as to such subordination including, but not
limited, those provisions, if any, contained in the deed of trust
above mentioned, which provide for the subordination of the lien
or charge thereof to another interest in the real property
therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approves the grant of Easement
in favor of the Easement Grantee.
2. He intentionally and unconditionally waives,
relinquishes and subordinates the lien or charge of the deed of
trust above mentioned to the Easement in favor of Easement
Grantee above referred to and understands that in reliance upon,
and in consideration of, this waiver, relinquishment and
subordination of the grant of Easement is being executed and
delivered, the Easement is being created, and that specific
monetary and other obligations are being and will be entered into
by the Easement Grantee, other lenders and title insurance
companies which would not be made or entered into but for said
revised 10/24/90
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reliance upon the waiver, relinquishment and subordination; and
3. An endorsement has been placed upon the note
secured by the deed of trust above mentioned that said deed of
trust has by this instrument been subordinated to the charge of
the Easement in favor of Easement Grantee above referred to
BENEFICIARY: UNION BANK, a California corporation
OWNER: PACIFIC POINT BUSINESS CENTER, LTD., a California limited partnership
Executed on this 87~ day of By: SUDBERRY INDUSTRIAL #3, of ~Jk/r/UARQ I 1vL a California Limited Partnership and its By: General Partner
5 .tgJrbR o..c?z ? /t?&;d.EcO+
By: SUDBERRY PROPERTIES, INC, a California
By:
By:
(title)
-----)
By: .4&%&x& ;q<. [z:
(authorized signature)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
Approved as to form: ,
S,' (Notarial acknowledgment of execution by OWNER and BENEFICIARY must be attached.
CMWD 89-C-296
revised 10/24/90
4
1511
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO ; ss:
On this 8~ day of c74A/d4RI/ , 19&, before me, the
undersigned, a Notary Public in and'for said State, personally appeared RKHH+~~ H. .TI~ONS and MARCEL& Rfn-E/e , personally
known to me (or proven to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as SEF// R v/cc P/rESf DENvr and SdCAErr)R~ on behalf of SUDB&RY
PROPERTIES, INC., the corporation therein named, and acknowledged
to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be the general partner of Sudberry Industrial #3, Ltd., a California limited partnership and the
general partner of Pacific Point Business Center, Ltd., a
California limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same executed the same. as such partner and that such partnership
WITNESS my hand and official seal.
. . --
1
State of California
County of , c‘l/r;i i,Jr$J& ,’ I
‘J
On \~)~11t,i;il,L~:1 /],/“‘j/before me, (here insert name and title of the officer), pers&ally appeared -
Jack p. Webster, Senior Vice President and Susan Ha Ten EYcks
Vice President -
personally known to me (or proved to me on the basis of satisfactorv evidence) to be the person(s) whose name(s) %X/are subscribed to the
within instrument and acknowledged to me that lx#&Wthey executed
the same in tix&z$their authorised capacity(ies), and that b\F
$istffasxftileir signature(s) on the instrumc-it the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. \ ~:-p,‘?~p! p.. y.;rp;q#y
NOTARY PUBLIC.CALIFORNI,j
?R:NC:I’A: C.‘, :.. :;,
d : 1512 - .”
PARCEL 2, PM NO.16274 CWMD 89-C.296 JN 114/89/89 7/25/90 FF REV. 11/28/90 FF
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 2, ACCORDING TO PARCEL MAP NO. 16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 26, 1990 AS FILE NO. go-584113 OF
OFFICIAL RECORDS, BEING A STRIP OF LAND 15.00 FEET IN WIDTH,
LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
PARCEL A:
BEGINNING AT A POINT AT THE MOST SOUTHEASTERLY CORNER OF SAID
PARCEL 2, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF
AVENIDA ENCINAS, SAID POINT ALSO BEING A POINT ON A 337.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 78'27'46" EAST; THENCE NORTHERLY 30.86 FEET ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05*14'23" TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID TRUE POINT OF BEGINNING BEARS NORTH 83" 42'10" EAST; THENCE LEAVING SAID RIGHT OF WAY LINE AND CONTINUING ALONG
SAID CENTERLINE SOUTH 83"42'10' WEST, 29.51 FEET; THENCE SOUTH 63O 49'25" WEST, 118.82 FEET TO POINT 'A'; THENCE SOUTH 63" 49'25" WEST, 93.05 FEET TO POINT 'B'; THENCE SOUTH 63"49'25" WEST, 32.60
FEET TO POINT 'C'; THENCE SOUTH 63"49'25" WEST, 53.02 FEET TO
POINT 'D'; THENCE SOUTH 63'49'25" WEST, 90.36 FEET; THENCE NORTH
22"30'29", 109.39 FEET TO POINT 'E'; THENCE NORTH 22'30'29" WEST, 257.28 FEET; THENCE NORTH 63-49'25" EAST, 45.96 FEET TO POINT
IF’. THENCE NORTH 63"49'25" EAST, 49.92 FEET TO POINT 'G'; THENCE
NORiH 63'49'25" EAST, 62.49 FEET TO POINT 'H'; THENCE NORTH 63"
49'25" EAST, 64.59 FEET TO POINT 'I'; THENCE SOUTH 22O 30'29' EAST, 52.17 FEET TO POINT 'J'; THENCE SOUTH 22O30'29' EAST, 70.15 FEET TO POINT 'K'; THENCE SOUTH 22"30'29" THENCE NORTH 63'49'25" EAST, EAST, 22.39 FEET; 15.65 FEET TO POINT IL’. THENCE NORTH 63'49'25" EAST, 135.40 FEET TO POINT 'M'; THENCE'NORTH 63" 49'25" EAST, 131.81 FEET TO POINT 'N'; THENCE NORTH 63" 49'25" EAST, 12.00 FEET; THENCE SOUTH 67'40'00" EAST, 55.05 FEET TO A POINT OF TERMINUS, SAID POINT OF TERMINUS BEING'A POINT ON THE WESTERLY RIGHT OF WAY LINE OF AVENIDA ENCINAS.
ALSO PARCEL Al:
BEGINNING AT THE AFORESAID POINT 'A'; THENCE NORTH 26O 10'35" WEST, 19.00 FEET TO A POINT OF TERMINUS.
WS/114-89 SHEET 1 OF 5 SHEETS
1513
EXHIBIT "A"
ALSO PARCEL A2:
BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 26" 10'35" EAST, 20.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A3:
BEGINNING AT THE AFORESAID POINT 'C'; THENCE NORTH 26" 10'35" WEST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A4:
BEGINNING AT THE AFORESAID POINT 'D'; THENCE NORTH 26" 10'35" WEST, 27.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A5:
BEGINNING AT. THE AFORESAID POINT 'E'; THENCE SOUTH 67" 29'31" WEST, 23.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A6:
BEGINNING AT THE AFORESAID POINT 'F'; THENCE SOUTH 26" 10'35" EAST, 20.39 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A7:
BEGINNING AT THE AFORESAID POINT 'G'; THENCE NORTH 26" 10'35" WEST, 15.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A8:
BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 26" 10'35" EAST, 21.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A9:
BEGINNING AT THE AFORESAID POINT 'J'; THENCE NORTH 67" 29'31" EAST, 11.50 FEET TO A POINT OF TERMINUS.
ALSO PARCEL AlO:
BEGINNING AT THE AFORESAID POINT 'K'j THENCE NORTH 67" 29'31" EAST, 16.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL All:
BEGINNING AT THE AFORESAID POINT *L'; THENCE SOUTH 26O 10'35" EAST, 19.00 FEET TO A POINT OF TERMINUS.
WS/114-89 SHEET 2 OF 5 SHEETS
C.M.W.D. 89-C.296
1514 -_
EXHIBIT "A"
ALSO PARCEL A12:
BEGINNING AT THE AFORESAID POINT 'M'; THENCE SOUTH 26O 10'35" EAST, 16.00 FEET TO A POINT OF TERMINUS.
ALSO PARCEL A13:
BEGINNING AT THE AFORESAID POINT 'N'; THENCE SOUTH 26' 10'35" EAST, 47.05 FEET TO A POINT OF TERMINUS.
ALSO PARCEL B:
BEGINNING AT THE AFORESAID POINT 'I" THENCE NORTH 63' 49'25" EAST, 70.17 FEET TO POINT '0'; .THENCE I;ORTH 63O49'25" EAST, 79.50 FEET; THENCE NORTH 26" 10'35" WEST, 15.50 FEET TO A POINT OF TERMINUS.
PARCEL Bl, BEING A STRIP OF LAND 18 FEET IN WIDTH, LYING 9 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE AFORESAID POINT '0'; THENCE NORTH 26" 10'35" WEST, 19.50 FEET TO A POINT OF TERMINUS.
THE SIDELINES OF THE SAID 15.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF AVENIDA ENCINAS, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS.
AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, A7, A8,A9,
AlO, All, A12, A13, B AND Bl: 27831.13 SQUARE FEET.
u 5 fk&& &d&7 /
CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93
WS/114-89 SHEET 3 OF 5 SHEETS
'C.M.W,.D. 89.X.296 /
-1515
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