The URL can be used to link to this page

Home My WebLink About1991-03-19; Municipal Water District; 093; Grant Deed & Subordination AgreementtiTG.%&& )EbT. ’ f-llWD - AGENDA BILL. -_ \j. q.1 Y TITLE: ACCEPTANCE OF GRANT DEED AND SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR VISTA SAN MALO, C.T. 89-35/ PUD 89-17, CMWD PROJECT NO. 89-C-319 RECOMMENDED ACTION: Adopt Resolution No. 726 accepting a Grant Deed and Subordination Agreement for water line purposes. ITEM EXPLANATION Ray E. Escano and Niki L. Escano, developers of the subject project, have 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. Hawthorne Savings and Loan Association, 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 Vista San Malo, Carlsbad Tract 89-35/PUD 89-17, CMWD Project No. 89-C-319. The subject project is located on the-southwest corner of Las Flores Drive and Tuttle Street. Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both satisfactory for their intended purposes. FISCAL IMPACT Requiring dedications and subordination agreements as a condition of water system improvements will save the District expenses in future easement.acguisitions. EXHIBITS 1. Location Map. 2. A Grant Deed from Ray E. Escano and Niki L. Escano dated February 20, 1991 and a Subordination Agreement from the Hawthorne Savings and Loan Association dated March 6, 1991. 3. Resolution No. ?&b accepting a Grant Deed and a Subordination Agreement for water line purposes. CMWD 89-C-319 LOCATION MAP \ .LJ --I--------- LAsFLofEs DRIVE k r BUENA VISTA HAY VICINITY MAP PmJECT NAME: VISTA SAN MALO CT 89=3!5/WO 89-17 PRO&l. eXHrBrf MO. 1 aam aa-c.3sa UESTERN LAND SURVEYING. INC. : ‘, .,- . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1888 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. 155-160-12 :, Project Name & No. Vista San Malo, 29-ilAR--1991 #3=19 FIT !#j i'jIE($ [DjMTY RE@Ei'S UfFIZE AMEiTi U.M%., ;;;ti,, ~EKMER , 5: ? i-4 ? b. iJb i Carlsbad Tract 89-35/ ', 1 PUD 89-17, CMWD 89-C-319 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT L2JaL?%h AlethaL.Rautenkranz,Secr$tary EASEMENT RAY E. ESCANO AND NIKI L. ESCANO, husband and wife as joint tenants, 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 all 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 designed to control the flow of water and all facilities 1 revised 10/19/90 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1839 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 not limited to, erosion control I facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities and devises. 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 building 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 "AI' and Exhibit ‘IrBr' attached hereto and by this reference made a part hereof. RAY E. ESCANO AND NIX1 L. ESCANO, Dated 2 -a=- 3 L./g,.-. / s : By /--- ' . g-f*.. (Attach Notary Acknowledgment) CMWD 89-C-319 revised 10/19/90 . STATE OF CALlFOR$II COUNN OF ?!fdL.o 3 On February 20. 1991 said State, personally appeare ,before me, the undersigned, a Notary Public in and for o and Niki L. Escano personally known to me (or proved to me on the basis of satis- factory evidence) to be the person@whose name@is&@Wub- rument and acknowledged to me that e same. (This area for official notarial seal) 1891 CERTIFICATE OF ACCEPTABILITY This is to certify that the interest in real property conveyed by the Deed dated MM .d'b , 1991, from Ray E. Escano and Niki L. Escano, husband and wife as joint tenants, as grantor to Carlsbad Municipal Water District, 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 , 1991, and the grantee consents to recordation thereof by its duly authorized officer. Dated m&l&b a0 , 1991. CARLSBAD MUNICIPAL WATER DISTRICT By: ALETBA L. RAUTENKRANZ, Sjcretary CMWD 89-C-319 revised 10/19/90 1892 PORTION TRACT 4 OF MAP NO. 1719 CMWD 89-C.319 g/26/90 EXHIBIT A PAGE 1 OF 3 LEGAL DESCRIPTION: ALL THOSE PORTIONS OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20,1921, AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT A POINT AT THE END OF A CERTAIN 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY LYING ON THE SOUTHWESTERLY SIDELINE OF 44 FOOT WIDE TUTTLE STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, A RADIAL LINE TO SAID POINT BEARS NORTH 35O21'48" EAST; THENCE LEAVING SAID CURVE ALONG SAID SOUTHWESTERLY SIDELINE OF SAID TUTTLE STREET, SOUTH 54O38'12" EAST 68.99 FEET TO AN ANGLE POINT IN THE SUBJECT BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 12779, SAID ANGLE POINT IN BOUNDARY HEREINAFTER REFERRED TO AS POINT "C"; THENCE LEAVING SAID SIDELINE AND ALONG SAID BOUNDARY, SOUTH. 35°21'4aJl WEST 100.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE RETRACING SAID BOUNDARY, NORTH 35O21'48" EAST 100.00 FEET TO THE AFOREMENTIONED SOUTHWESTERLY SIDELINE OF TUTTLE STREET; THENCE RETRACING SAID SIDELINE, NORTH 54'38'12" WEST 44.50 FEET TO A LINE THAT IS PARALLEL WITH AND 44.50 FEET DISTANT NORTHWESTERLY AT RIGHT ANGLES FROM THE AFOREMENTIONED RETRACED BOUNDARY LINE: THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 35-21'48" WEST 77.84 FEET TO POINT "All AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 35'21'48" WEST 2.50 FEET; THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE, NORTH 54'38'12" WEST 5.00 FEET; THENCE AT A RIGHT ANGLE, NORTH 35O21'48" EAST 5.00 FEET; THENCE AT A RIGHT ANGLE, SOUTH 54O38'12" EAST 5.00 FEET TO SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 35--21'48" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL Al: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "All ; THENCE SOUTHWESTERLY ALONG THE HEREINABOVE DESCRIBED PARALLEL LINE, SOUTH 35'21'48" WEST 12.00 FEET TO THE BEGINNING OF A TANGENT 57.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE C.M.W.D. 89-C.319 1 . - 1893 . . E2C.HIBIT A PAGE 2 OF 3 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23OO7'12" A DISTANCE OF 23.20 FEET TO POINT "B" AND THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, SOUTH 12O14'36" WEST 3.15 FEET; THENCE LEAVING SAID TANGENT LINE NORTH 54O38'12" WEST 6.65 FEET; THENCE AT A RIGHT ANGLE, NORTH 35O'21'48" EAST 5.00 FEET; THENCE AT A RIGHT ANGLE, SOUTH 54O38'12" EAST 4.57 FEET TO A POINT ON THE ARC OF SAID 57.50 FOOT RADIUS CURVE: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'15'53" A DISTANCE OF 2.27 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL A2: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "B"; THENCE, SOUTH 12'14'36" WEST 42.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 12O14'36" WEST 2.50 FEET: THENCE AT A RIGHT ANGLE, NORTH 77O45'24" WEST 5.00 FEET; THENCE AT A RIGHT ANGLE! NORTH 12O14'36" EAST 5.00 FEET; THENCE AT A RIGHT ANGLE, SOUTH 77 45'24" EAST 5.00 FEET: THENCE SOUTH 12'14'36" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL A3: BEGINNING AT THE SAID DESCRIBED POINT "C"; THENCE ALONG SAID SOUTHWESTERLY SIDELINE OF TUTTLE STREET, NORTH 54O38'12" WEST 6.50 FEET TO A LINE THAT IS PARALLEL WITH AND 6.50 FEET DISTANT NORTHWESTERLY AT RIGHT ANGLES FROM SAID RETRACED BOUNDARY LINE PER THE ABOVE PARCEL A DESCRIPTION; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 35'21'48" WEST 89.84 FEET TO POINT "D", AND THE TRUE POINT OF BEGINNING, AND THE BEGINNING OF A TANGENT 19.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE RETRACING SAID PARALLEL LINE, NORTH 35O21'48" EAST 5.00 FEET; THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE, SOUTH 54'38'12" EAST 4.50 FEET; THENCE AT A RIGHT ANGLE, SOUTH 35O21'48" WEST 10.00 FEET: THENCE AT A RIGHT ANGLE, NORTH 54O38'12" WEST 3.85 FEET TO THE ARC OF SAID 19.50 FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'51'26" A DISTANCE OF 5.06 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL A4: BEGINNING AT THE HEREINABOVE DESCRIBED POINT IlDll . THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF THE HEREINABOVE DESCRIBED TANGENT 19.50 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 52O30'01" A DISTANCE OF 17.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SAID ARC THROUGH A CENTRAL ANGLE OF 10°48'23" A DISTANCE OF 3.68 FEET; THENCE LEAVING SAID ARC, SOUTH C.M.W.D. 89-C.319 2 . . 1 EXHIBIT A PAGE 3 OF 3 54O38'12" EAST 8.19 FEET; THENCE AT A RIGHT ANGLE, SOUTH 35'21'48" WEST 5.00 FEET; THENCE AT A RIGHT ANGLE, NORTH 54O38'12" WEST 1.20 FEET TO THE ARC OF SAID 19.50 FOOT RADIUS CURVE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14O39'18" A DISTANCE OF 4.99 FEET TO THE !lXUE POINT OF BEGINNING. g.&fJ “&/l[? //&& FRED J. ~~NEMULLER, RCE 29292 DATE REGISTRATION EXPIRES 3/31/91 C.M.W.D. 89-C.319 , PLAT MAP us-- . s sP26’51rn E L - 3i.42' A * 56'12'21' VICINITY MAP (NO SCALE) , A - =O?'G?' I. - 23.20' PT. w AMI T.P.O.B. PQ AI B’X 5’ SalAm T.P.O.B. Pa. A2 W T4’24’ Y 9 e26'51' E 233.10' 60 40 20 0 SCALE IN FEET PROdECT NAME: VISTA SAN MALO CT 8903S/PUD W-17 PROA EXHIBIT NO. 6 - 99-c.319 pe 1 gf 2 WESTERN CAN0 SURVEYING. INC. r -.-. ” .( . 1896- PLAT MAP S 54.38’12’ E N 35.21’46’ E S.00‘ N 54°36'$2m W 6.6s' - 02-15’53” R - 57.50’ L - 2.27’ PT. ‘6’ AND T.P.O.B. PCL Al S 12.14'36' W 3.16' DETAIL -- PARCEL ~1 SCALE i’ - 10’ i N 35.21'48' E 5.00’ PT l D” AND T.P.O.S. PCL A3 S S4°38'12' E 4.50’ r A - 14'61'26' R - 19.50’ L - 5.06’ A - 5r30g01* S 35.21’48’ W 10.00’ L - 17.87’ A- 10a40'23m . T.P.O.E. PCL A4 - A - 14*39'19" N 54*36'12' W 1.20' OETAIL -- PARCEL A3 6 A4 SCALE 1' - 10' %OJECT NAME: VISTA SAN HALO CT es-35[PlKl as-17 _.-_---_. - .._- -.---------.- -_ .- Pc103. EXHIBIf NO. B am 9’9-c.319 pA= 3 w 2 WESTERN LAN0 SURVEYING. INC. - _. . . 1 . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 C PLEASE RECORD THIS DOCUMENT AT #HETTE EUAI\IS, COUNTY RECDRllER NO FEE AS IT IS TO THE BENEFIT FEES: 0. $0 OF THIS DISTRICT (GOV. CODE [6103]). ) 1 RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO ; i ',\#' Carlsbad Municipal Water District f , n 5950 El Camino Real 1 _: . Carlsbad, California 92008 .- Space above this line for _' I , ,Reco@er's use. A.P.N.-~'.155-160-12 ‘_ CMWD Project No. 89-C-319 Vista SanMalo, C.T. 89-35/ PUD 89-17 I , i SECURITY 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 6 2% day of fl@c/4 , 19% by RAY E. ESCANO AND NIX1 L. ESCANO, husband and wife, as joint tenants, hereinafter referred to as llOwner,ll owner of the land and HAWTHORNE SAVINGS 'AND LOAN ASSOCIATION, a California corporation, hereinafter referred to as "Beneficiaryt', present owner and holder of the deed of trust hereinafter described: WITNESSETH THAT WHEREAS, RAY E. ESCANO AND NIKI L. ESCANO, husband and wife, as joint tenants, did execute a deed of trust, dated November 14, 1990, to HAWTHORNE FINANCIAL CORPORATION, a Delaware corporation, as trustee, covering Vista San Malo, Carlsbad Tract 89-35/PUD 89-17, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 12779 filed July 12, 1990, to secure a note in the sum of $1.159,500.00 dated November 1 3/l/91 REV. -. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 1898 14, 1990 in favor of HAWTHORNE SAVINGS .AND LOAN ASSOCIATION, a California Corporation, recorded in the Office of the County Recorder of San Diego County on November 21, 1990 as File/Page No. 90-627317, of Official Records/of said county: and WHEREAS, Owner has executed, or is about to execute, as ,, grantor, a grant of Easement dated February 20, 1991, in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "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: 2 3/l/91 REV. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 - 1899 1. That said Easement in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the 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 without 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 3 3/l/91 REV. I’ II 1900 . . . 1 lenders and title insurance companies which would not be made or 2 entered into but for said reliance upon the waiver, relinquishment 3 and subordination; and 4 3. An endorsement has been placed upon the note secured 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 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: OWNER: HAWTHORNE SAVINGS AND LOAN RAY E. ESCANO AND NIKI L. ASSOCIATION, a California ESCANO, husband and wife as corporation joint tenants Executed on this S day of ivl.7a/A , 197‘, -.-a p L ,t' L - (title) __ . By: By: iauthorized signature) b& \ 5ec d?w-~j (title) fl&Jfi,;/~< (title) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A 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. 22 IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS 23 WITH RESPECT THERETO. 24 25 VINCENT'F.'BIOND&;TR., 26 Gen&#a$ Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY 27 must be attached. 28 II CMWD 89-C-319 4 II 3/l/91 REV. I , CAT. NO. NN00737 TO 1945 CA (E-84) (Corporation) 1901 @j TICOR TITLE INSURANCE STATE OF CALIFORNIA COirNTY OF - ANGEI;Es ss. On March 6, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared JACOUKLYN A. Pm personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the VT~ DUCTS XZ&GBB( and AT.= E. VT- personally known to me or proved to me on the basis of satisfactory evidence to be h executed the within instrument as the the perso!d5f Secretary of the Corporation that executed the within instrument and acknowledged (This area for official notarial se& =$J;~$LIFORNIA&bl .&s i; ~ jBs. 0” ri;n~~h s-, Vic]1 e , ,before me, the undersigned, a Notary Public in and for said State, personally appeared -Q 1’1 y; I E /i/L 3 'i f4lKI personally known to me (or proved to me on the basis of satis- factoryevidence)to be the person@whose name@s/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. d official seal. A (This area for official notarial seal) - 1902 PORTION TRACT 4 OF MAP NO. 1719 CMWD 89-C.319 g/26/90 EXHIBIT A PAGE I OF 3 LEGAL DESCRIPTION: ALL THOSE PORTIONS OF TRACT 4 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 20,1921, AS SHOWN ON RECORD OF SURVEY MAP NO. 12779 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY ON JULY 12, 1990, AS FILE NO. 90-378067, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT A POINT AT THE END OF A CERTAIN 78.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY LYING ON THE SOUTHWESTERLY SIDELINE OF 44 FOOT WIDE TUTTLE STREET AS SHOWN ON RECORD OF SURVEY MAP NO. 12779, A RADIAL LINE TO SAID POINT BEARS NORTH 35'21'48" EAST; THENCE LEAVING SAID CURVE ALONG SAID SOUTHWESTERLY SIDELINE OF SAID TUTTLE STREET, SOUTH 5Lf"38'12" EAST 68.99 FEET TO AN ANGLE POINT IN THE SUBJECT BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 12779, SAID ANGLE POINT IN BOUNDARY HEREINAFTER REFERRED TO AS POINT "C"; THENCE LEAVING SAID SIDELINE AND ALONG SAID BOUNDARY, SOUTH 35'21'48" WEST 100.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE RETRACING SAID BOUNDARY, NORTH 35'21'48" EAST 100.00 FEET TO THE AFOREMENTIONED SOUTHWESTERLY SIDELINE OF TUTTLE STREET; THENCE RETRACING SAID SIDELINE, NORTH 54'38'12" WEST 44.50 FEET TO A LINE THAT IS PAARALLEL WITH AND 44.50 FEET DISTANT NORTHWESTERLY AT RIGHT ANGLES FROM THE AFOREMENTIONED RETRACED BOUNDARY LINE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 35"21'48" WEST 77.84 FEET TO POINT "A" AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 35'21'48" WEST 2.50 FEET; THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE, NORTH 54O38'12" WEST 5.00 FEET; THENCE AT A RIGHT ANGLE; NORTH 35O21'48" EAST 5.00 FEET: THENCE AT A RIGHT ANGLE, SOUTH 54 38'12" EAST 5.00 FEET TO SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 35O21'48" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL Al: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A" ; THENCE SOUTHWESTERLY ALONG THE HEREINABOVE DESCRIBED PARALLEL LINE, SOUTH 35'21'48" WEST 12.00 FEET TO THE BEGINNING OF A TANGENT 57.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE C.M.W.D. 89-C.319 1 . . 1903 EXEIBIT A PAGE 2 OF 2 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23OO7'12" A DISTANCE OF 23.20 FEET TO POINT "B" AND THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, SOUTH 12Ol4'36" WEST 3.15 FEET: THENCE LEAVING SAID TANGENT LINE NORTH 54'38'12" AT A RIGHT ANGLE, NORTH 35.'21'48" WEST 6.65 FEET; THENCE EAST 5.00 FEET; THENCE AT A RIGHT ANGLE, SOUTH 54O38'12" EAST 4.57 FEET TO A POINT ON THE ARC OF SAID 57.50 FOOT RADIUS CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02O15'53" A DISTANCE OF 2.27 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL A2: BEGINNING AT THE HEREINABOVE DESCRIBED POINT rfB'f; THENCE, SOUTH 12O14'36" WEST 42.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 12O14'36" WEST 2.50 FEET; THENCE AT A RIGHT ANGLE, NORTH 77'45'24" KEST 5.00 FEET; THENCE AT A RIGHT ANGLE, NORTH 12O14'36" EAST 5.00 FEET; THENCE AT A RIGHT ANGLE, SOUTH 77O45'24" EAST 5.00 FEET; THENCE SOUTH 12Ol4'36" WEST 2.50 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL A3: BEGINNING AT THE SAID DESCRIBED POINT "C"; THENCE ALONG SAID SOUTHWESTERLY SIDELINE OF TUTTLE STREET, NORTH 54-38'12" WEST 6.50 FEET TO A LINE THAT IS PARALLEL WITH AND 6.50 FEET DISTANT NORTHWESTERLY AT RIGHT ANGLES FROM SAID RETRACED BOUNDARY LINE PER THE ABOVE PARCEL A DESCRIPTION; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 35=21'48" WEST 89.84 FEET TO POINT "D", AND THE TRUE POINT OF BEGINNING, AND THE BEGINNING OF A TANGENT 19.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE RETRACING SAID PARALLEL LINE, NORTH 35O21'48" EAST 5.00 FEET: THENCE LEAVING SAID PARALLEL LINE AT A RIGHT ANGLE, SOUTH -54'38'12" EAST 4.50 FEET; THENCE AT A RIGHT ANGLE, SOUTH 35=21'48" WEST 10.00 FEET: THENCE AT A RIGHT ANGLE, NORTH 54'38'12" WEST 3.85 FEET TO THE ARC OF SAID 19.50 FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE CF 14'51'26" A DISTANCE OF 5.06 FEET TO THE TRUE POINT OF BEGINNING. ALSO PARCEL Ad: BEGINNING AT THE HEREINABOVE DESCRIBED POINT IID" . THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF THE HEREINABOVE DESCRIBED TANGENT 19.50 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 52°30'Ol" A DISTANCE OF 17.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRXING SAID ARC THROUGH A CENTRAL ANGLE OF lOO48'23" A DISTANCE OF 3.68 FEET; THENCE LEAVING SAID ARC, SOUTH C.M.W.D. 89-C.319 2 . . ., * f , . . , . r - e’ . ., 1904 EXHIBIT A PAGE 3 OF 3 54O38'12" EAST 8.19 FEET; THENCE AT ARIGHT ANGLE, SOUTH 35'21'48" WEST 5.00 FEET; THENCE AT A RIGHT ANGLE, NORTH 54O38'12" WEST 1.20 FEET TO THE ARC OF SAID 19.50 FOOT RADIUS CURVE: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14-39'18" A DISTANCE OF 4.99 FEET TO THE TRUE POINT OF BEGINNING. FRED cr. ~~NEMULLER, RCE 29292 DATE REGISTRATION EXPIRES 3/31/91 : C.M.W.D. 89-C-319 3 ,- .’ . 1 * I : I PLAT MAP - A - 80-00’00’ R - 20.00’ L - 31.42’ -2 A - ~12’21’ 78.00’ 7s*1s’ I VICINITY MAP (NO SCALE) tu . F ii b 0 2 ;: p”:g: PAfus. Al --J- PT . .0* bJm VC/-- , T.P.0.3. Pii Al A-“2 16,; p”s;: ~, PmcELA2 O’X 5’ SolJAm 7 3 .Qi T\ T.P.O.B. Pa. A2 ,, ad*& ~ y2+: * 4 Id ?7’4’24’ “/ 7 --? ’ \ - 8 26@2s’48’ W - 31.84’ 4 s 8P25’51’ E 233.10’ w 60 40 20 0 60 120 160 &XLE IN FEET PROJECT NACIE: VISTA SAN MALO CT 89035/PUD 89-17 EXHISI7 B PA6ElQ2 PRO&l. NO. oy) esc.319 WESTERN CAN0 SURVEYING. INC. PLAT MAP N S 54-38’12. E 4.57’. 3s 21 ,‘40’ E 5. N 54. 35’12’ W - 02*15’53’ R - 57.50’ L - 2.27’ PT. ‘8’ AND S 12.14’36. W DETAIL -- PARCEL Al SCALE 1' - 10' T.P.O.B. 3.m’ PCL Al N 35.21’48’ E 5.00’ \ PT ‘D’ AND T.P.O.B. PC1 A3- //S SP38’12’ E 4.50’ * A - 14’Sl’26m R - 19.50’ L - 5.06’ A - 5~30’01’ R - 19.50’ L - 17.87' A- 10°40’23’ > S 3S.21'48' W 10.00' t0.B. PC1 A4 54e36’12’ W 1.20’ OETAIL -- PARCEL A3 6 A4 SCALE 1' - 10' 4 8 a ‘Jk2. ‘Oo. -. _- :- .,.- “! PROJECT NAME: VISTA SAN WALO CT CT 89-3: 89035/PUD 8947 .- 1’ .’ _ I. 1 ,. ,’ ,- PRO&J. “-EXHIBIT NO. 8 Qy1 m-c.319 PA= 2 OF 2 WESTERN LAND SURVEYING. INC. .” c I .‘_ -4 3 i - \ 4 F \ E I 1c 13 1: 1: 14 1: 1E 17 1E 19 20 21 22 23 24 25 26 27 28 ,F A ? RESOLUTION NO. 726 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR VISTA SAN MALO, C.T. 89-35/PUD 89-17, CMWD PROJECT NO. 89-C-319 WHEREAS, RAY E. ESCANO AND NIKI L. ESCANO, husband and wife as joint tenants, have submitted a Water Line Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Vista San Malo, C.T. 89-35/PUD 89-17, CMWD Project No. 89-C-319; and a Subordination Agreement from the Hawthorne Savings and Loan Association, 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 Ray E. Escano and Niki L. Escano dated February 20, 1991, conveying an easement for waterline purposes and a Subordination Agreement dated March 6, 1991, from the Hawthorne Savings and Loan Association to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement over a portion of Vista San Malo, Carlsbad Tract 89-35/PUD 89-17, CMWD Project No. 89-C-319, 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 1 .- 1 f . . p- 1 4 F . s 1c 11 12 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 March I 1991 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton NOES: None ABSENT: None ATTEST: ALETHA L. I;AUTENKRANZ, Secr>tary (SEAL) CMWD 89-C-319 2