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HomeMy WebLinkAbout1991-12-03; Municipal Water District; 136; Grant Deed & Subordination AgreementCARLSBAD M”“YICIPAL WATER DISTRICT - RECOMMENDED ACTION: Adopt Resolution No. 9/P I accepting a Grant Deed and Subordination Agreement for water line purposes. ITEM EXPLANATION Crivello Corporation, developers of the subject project, have granted an easement as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the project. San Diego Trust & Savings, 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 Lot 11, Carlsbad Research Center Unit 1, Carlsbad Tract 81-10, CMWD Project No. 87-C-232. The subject project is located on the north east corner of Priestly Drive and Geiger Court. Engineering Staff has reviewed the Grant Deed and Subordination Agreement and find both documents 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 acquisitions. EXHIBITS 1. Location Map. 2. A Grant Deed from Crivello Corporation dated October 24, 1991 and a Subordination Agreement from the Bank of La Costa dated October 24, 1991. 3. Resolution No. (4 / accepting a Grant Deed and a Subordination Agreement for water line purposes. CMWD 87-C-232 CXATION MAF VICINITY MAP. ’ TY OF VISTA - SAN MARCOS mi’ \ I., ,CiT ‘i$~r-fO ,wm I pu+P NO* to530 GY,Y I rlLJ.1 IL LIY I . SE>F tiY;.ALLbS, MAIKI.\S, t’l’ AL : 3- I-31 : il:uwM : - I- . / .’ ‘L. LP I mar fsY1 13:12 NO.UUl l’.UZ >.-\A Ultw, IA- ttlzl *9-l+ m1I3.= 3:’ + i- A396;8S$ CERTlYlCA*JTE; OP AMENDKE?J?T OF ARTICLES OF CHIVFlLLO ZNCORPORATION CORPORATION DEC t 1 I990 J&ck Crivello certifies that: 1. He is the president and 6eClcetary of Crivello Corporation, a California corporation. 2. The Articles of Xncotporation of this corporation are amended by the addition of Article Five, which read6 a6 FZVE: The liability of the directocs Of the corporation for monetary damages shall be eliminated to the fullest 8Xtent permissible under California law. The carpOration ’ provide indemnificatfon authorieod to of agents (as defibeu in Section 317 of the Corporations Cods) for breach of duty t;~ the corporation and its sCockholders through bylaw provisions or through agreements with the agents, or Mth, in BXCBSS of the indemnification otherwise permitted by sectian 317 of the Corporations Code, subject to the limits on such excess indemnificstion set forth in Section 204 of the Corporations Code, 3, The foregoing amendments of the articles of incorporation hsve been duly approved by the board of directors, 4, The foregoing amendments of the articles oL incorporation have been duly approved by the required vote oE SUN PRCIFIC ENT. r L SQT .BY~ALLD'. IrlXTKISS, f3 AL{->- 7-31 ; 3:07py : I + -* l 1 - Mar '-91 15:12 No.001 F.03 s.n D Id - CA- 613 544 Yblu:= 4' 4 ~hsr@‘xoldera in accordance with Section 902 of the Corporations Code, 51 The total number of outstanding voting shares of the corporbtion is 1000. The number of shares voting-in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than fifty percent (SO%), I further declare under penalty of perjury under the laws Of the State of California that the matters sot forth in thi$ C&?rtific&e are true’ and correct of my own knowledge. DATED : +-- 9 tf* CriV8110, 6eCtXt8ry -2- SUN PQCIFIC ENT. ea.. , _( _-- -. State 0 Ca ifornia I OFFICE OF THE SECRETAf’?Y QF STATE 391 15:13 No.001 P.04 c0l-l P~H-iA?‘K)N DIVISION I, MARCIA’ FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true anc3 correct, IN WLTNESS WHEREOF, I execute thhxxtiifbatc clnd &x the Great Seal of the State of California this --.- JIEux.J.90 . . ..-..*..--.-.-.--.- t/lA&uh’-huyF- Swcrnry of Siutr , : 1 2 3 4 5 6 7 0 9 10 11 12 73 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT i OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO: 1 Carlsbad Municipal Water District ; Engineering Department 1 5950 El Camino Real Carlsbad, California 92008 " Space above this line for Recorder's,use. Assessor's Parcel No%' & 212-061-08 c. .,i Project Name 6 No. Lot 11, Carlsbad Research Cenfer, *; 'DOCUMENTARY TRA&FER t!AX: None '6 ", ir :s CARLSBAD MUNICIPAL'--- ;,I WATER DISTRICT (.- ; ', I .Q CRIVELLO CORPORATI&, a Ca1iforni.d corporation?' .: 1 4 i-. does hereby grant to CARLSBAD MUMfCIPAI.W~TER~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, 1 3/14/91 REV. 1 2 3 4 5 6 7 6 9 10 11 12 13 ' 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 ' 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 and structures associated with said use which are designed to 1 facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, door6, locking devices, alarms, lights, and all other protective facilities and devices. The use shall ,= also include a-means' of access to and from said fad .F ty for the purpose of "c&tructing, operating, repairing, _L maintaining, ’ -: \,; inspecting and ‘reconstructing said facility. >.” J ; i , The:&uses described herein 'shall be excltisf ; ,i ,:: Grantee. -@or herein agrees that no buildings andjck6' i ructures will be erected, walls constructed", fences built nor trees planted, nor may the easement be used by the Grantor or'an$ other person or C entity, including other utilities,'whether pddc or private, for uses whether &mpatible or incompatible with‘ the‘ uses described ‘. "~ L.- i herein without &&:express written appxmd of'qe Grantee. -. /// ‘1 /// /// /// /// /// /// /// /// /// 2 3/14/91 REV. , . . . . : I 4 5 6 7 8 9 10 11 12 - tlE - LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit IrBlc attached hereto and by this reference made a part hereof. Exe -A? ted by the GRANTOR this 19s. day of m, GRANTOR: j -i ? : J CRWELLO CORPORATION STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this day of CC&Xv &k in the year 1991, before me, the undersigned, a Notary Public in And for said County and State, personally appeared TC%W E. &tie\\0 I personally known erson(s) who e .saw NKJL pfe s named, and a&!nowledged'<o me that the corporation executed it. - Witness my hand and official seal: 28 Notary Seal or Stamp 3/14/91 REV. I LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 C.M.W.D. 87-C.232 JN 127/90/00 12/3/90 FF REV. 2/7/91 FF EXHIBIT 'A' ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77'04'13" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12'55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12*55'47' WEST, FEET TO A PO;NT HEREINAFTER REFERRED TO AS POINT 41.53 'A'; THENCE NORTH 12.55'47" WEST, 331.69 FEET; THENCE NORTH 56'44'59" EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 56'44'59" EAST, 58.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE NORTH 56'44'59" EAST, 41.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56' 44'59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT. ‘E’; THENCE NORTH 56"44'59" EAST, 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE NORTH 56' 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL Al: BEGINNING AT 'THE AFORESAID POINT ‘A’; THENCE NORTH 77* 04'13" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL AZ: BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33' 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A3: BEGINNING AT THE AFORESAID POINT 'C'; THENCE SGUTH 33' 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS. SHEET 1 OF 3 ALSO PARCEL A4: BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33O 15'01' EAST, 31.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A5: BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33" 15'01' WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11. ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT 'F'; THENCE SOUTH 33' 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS. PARCEL B: BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52'23'41" EAST ALONG SAID RIGHT OF WAY' LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61° 05'20." WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61° 05'20" 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61OO5'20" WEST, 18.11 FEET; THENCE SOUTH 12'55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12'55' 47" EAST, 48.41 FEET; THENCE NORTH 77O 04' 13' EAST, 52.50 FEET TO A POINT OF TERMINUS. ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FGLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28' 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B3: BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 77" 04'13' WEST, '30.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: SHEET 2 OF 3 C.M.W.D. DWG. 87-C.232 . BEGINNING AT THE AFORESAID POINT ‘H’; THENCE SOUTH 28O 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 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 NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 ANSD B3: 20,666.65 SQUARE FEET. CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 SHEET 3 OF 3 C.M.W.D. DWG. 87-C.232 w!3/127-90 \ - LQT 6 CT STlkl~ lL!lau I \ . ,; q.5’ ~~ rp’Lb 4 ._. \y %OT?lD I \ \ \\\ mu IQ \ \\ ‘\ 5 1.; \ FolNf’A’- - 4’ 3 ?& /&ispjs/ pc+n OF 36kituNb.Q m*ew/!/ --E -rlil~E iblF3T /+P Owq/4 : ; OF BEGlN(31NG L $5 ""k$&& 9s gfi hIA -t)c)I fYU. 0307 m aI- W \ -2 Ex;iras U/31/93 4 \ +i CIVIL -qQ, CAL,FQF*v CHARLES S. KAHR R.C.E 23907 DATE REGISTRATION EXPlRES 12/31/93 KAHR A/$l ASSOCIATES 5600 AVENIDA ENCMAS, SUITE 133 CARLSBAD, CA 92008 3-N 127/90 loo f//23/90 . . . CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed dated 2f , 19E, from CRIVELLO CORPORATION, a California corporation I 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 December 3 I 19 91 , and the Grantee consents to recordation thereof by its duly authorized officer. DATED: December 4 ,192. CARLSBAD MUNICIPAL WATER DISTRICT ALETBA L. RAUTENKRANZ, Secre Board of Directors CMWD 87-C-232 . ; . PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). ) RECORDING REQUESTED AND i WHEN RECORDED, PLEASE MAIL TO i Carlsbad Municipal Water District 5950 El Camino Real i Carlsbad, California 92008 1 : Space above this line for 3 ' Recorder@q use. 16 17 16 19 20 21 22 23 24 25 26 27 A.P.& 222-061-08 CMWDNoi"'87-C-232 : - "2 :;x / * *,* ,a"‘ SUBORDINATI~~AGREEMENT ' ' ,/ ,.' 46 NOTICE: THIS SUBORDINATIONAi3REEMENT RESULT@+- IN YOUR SECURITY INTEREST IN THE" i ; - PROPERTY BECOMING SUBJECT TO AN ' ESTATE IN THB REAL PROPERTY TO WEICE ". ' YOUR SECURITY INSTRUHEHZ ATTACHES -, id AND HAS TEB POTENTIAL EFFECT OF ; ‘ _ '1. )' :.,* REDUCING TEB VALUE O@YOUR SECURITY INTEREST; THIS AC REEMENT, made this 4 G&L hay of I i 19xby CRIVELLO :'CORPORATION, ;iF' California; gorporation I ,.‘ (Trust& hereinafter referred"%to as "Owner,l' owner' of the land and SAN DIEGO TRUST & SAVINGS BANK, &~~California Corporation (owner) " *' -: hereinafter referred to as ~Beneficiary'C,:.present owner and holder of the deed of trust hereinafter described; I WITNESSETH THATWHEREAS, Crivello Corporation (Trustor) did execute a deed of trust, dated January 16 San Diego Trust C (Date) (Trustee) Savinss Bank astrustee, covering Lot 11, Carlsbad Research Center Unit 1, CMWD Project No. 87-C-232 Map No. 10330 (Brief Legal Description) I (See Exhibit 'A' C I B1 for Detailed Description) II 1 3/26/91 REV. , . . : t 7 L 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 to secure a note in the sum of one million, three hundred fifty (Lien Amount) thousand dollars ($ 1,350,000.00 ) dated January 16 (Date) ‘ 193, in favorof San Dieqo Trust & Savinqs Bank recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on January 23, 1990 , as FileNo. go-039538 of Official (Date Recorded) (F/P No.) Records of said county; and. .I . . WHEREAS,. Owner haa executed, *or ia about to execute, as grantor, a grant of EASEMENT/EASEMENTS date&. /61-,$/~~/ , in favor of the Ca+rlsbad Municipal Water District. ts grantee, i . hereinafter referred to as "Easement Grantee I1 creating AN/THE I EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS '# 'A' & IBt ' a&ached hereto; and ' 4 3 WIIER'EAS , Easement Grantee,is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a 3 charge upon the above described property prior ad superior to the lien or charge of thi deed of trusd above mentioned and provided that beneficiary will specifically and~uncondftionally subordinate the lien or char&of the deed of truatr: z&&e mentioned to the lien i ,+z" or charge of the EASEMENT/EASEMENTS create&in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS 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, 2 3/26/91 REV. , . ,’ . 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 - the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS 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 mentionedi* .L' . . 2. - That Easement Grantee would not qccept said *s- EASEMENT/EA TS above described without this $ubordination agreement. ‘ * i, j3. ,% 'x 1 That this agreement shall be the whole hnd only ,. agreement wi@$ regard to the subordination of the lien orcharge of the deed of trust above mentioned' to the EASEMENT/EASEMENTS 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/EASEMENTS 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/EASEMENTS 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/EASEMENTS in favor of 3 3/26/91 REV. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 Easement Grantee above referred to and understands that in reliance won f and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE 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 reliance upon the waiver, relinquishment and :. subordination; and ~j 3. x( w'endorsement has been placed upon '&note secured .$k by the deed of trust above mentioned that said deed'of trust has by : j this in&ruqnt subordinated: to $i been the charge,:. 1, of the I( EASEMENT/EASEMENTS in favor of Easement Grantee above referred to BENEFICIARY: SAN DIEGO TRUST & a Cal&fornia By: &$f LA& /2-%Ltf* (title) the OWNER this I 19 9/ 'OWNER: CRIVELLO CORPORATION, a, California Corporation By: ;,. , JG-Z sLL24 horized signature) Jack Crivello, President (title) lLdL&& 3thorized signature) Secretary/ Jack Crivello, Vice Preside (title) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION 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 4 3/26/91 REV. CRIVELLO CORPORATION , L. 1 - )I STATE OF CALIFORNIA COUNTY OF SAN DIEGO NOTARY ACKNOWLEDGEMENT c=uawlxcBJ ,. ‘. . or on behalf of the corporation therein Witness my hand and official seal: Notary Seal or Stamp otary's Signature '3 _...___ -- ---- ------- --_-._~---- ----. .-.- _ __.__ * ..__ ._...~ -. San Diego Z$ Bank@ NOTARY ACKNOWLEDGEMENT MrmkrF.DIC CORPORATION STATE OF CALIFORNIA COUNTY OF SAN OIEGO SS ’ On this- day of October , in the year 19 1 , before me, the undersigned, e Notary Public in and for said County and State, personally appeared Jeffrey Reed 6 Jeffrey Sites personally known to me [el@@r&&!&c~‘MBbpt~~ tssslti s&#s&iot~‘&4e~ to be the person[s] who executed the within instrume;t as *irst Vice President and Vice President , or on behelf of the corporation . r 1 therein named, and acknowledged to ma that the c( Witness my hand and official seal: 3rporation executed It. I ~~bcls-~~ - IN_rcwe7 - .- CFFICIAL SEAL D~~k--iA G. GARZA t~oTf,lTf pur3MX~V-IFO~~dl p~\\i~IPO.L OFFICE IIJ S/IN c!E.G3 Cc;ltdTy ..z .n.ll . / Notary’s Signature 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 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. General Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached. CMWD 87-C-232 : a .Y . _ a _( .,i .j 4 .i ,. ,d ; 3/26/91 REV. I ,. - LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 C.M.W.D. 87-C.232 JN 127/90/00 12/3/90 FF REV. 2/7/91 FF EXHIBIT 'A' ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WiTH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77'04'13' EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12"55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12O55'47" WEST, FEET TO A POiNT HEREINAFTER REFERRED TO AS POINT 41.53 NORTH 12'55'47" WEST, 'A'; THENCE 331.69 FEET; THENCE NORTH 56'44'59" EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 56'44'59" EAST 58.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THkNCE NORTH 56'44'59' EAST, 41.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56O 44 '59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT. 'E'; THENCE NORTH 56'44'59" EAST, 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE NORTH 56' 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL Al: BEGINNING AT 'THE AFORESAID POINT 'A'; THENCE NORTH 77O 04'13" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A2: BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33O 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A3: BEGINNING AT THE AFORESAID POINT 'C'; THENCE SbUTH 33' 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS. SHEET 1 OF 3 ,* . ALSO PARCEL A4: BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33' 15'01" EAST, 31.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A5: BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33' 15'01" WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11. ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT ‘F’; THENCE SOUTH 33' 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS. PARCEL B: BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52'23'41" EAST ALONG SAID RIGHT OF WAY. LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61* 05'20" WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61* 05'20" 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61*05'20" WEST, 18.11 FEET; THENCE SOUTH 12'55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12'55' 47" EAST, 48.41 FEET; THENCE NORTH 77* 04' 13" EAST, 52.50 FEET TO A POINT OF TERMINUS. ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28- 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B3: BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 77O 04'13" WEST, 30.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: . . :, 6 SHEET 2 OF 3 C.M.W.D. DWG. 87-C.232 . __ . . . . BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 28O 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANCLE POINTS SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 AND B3: 20,666.65 SQUARE FEET. CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 SHEET 3 OF 3 C.M.W.D. DWG. 87-C.232 ,. .-. L , . *. ws/127-90 \ \‘\ \ 15 q.5’ ~~ 1 pe* F 4 ,_. \Y LQT%l CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 KAHR AND ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008 S-N 127/90 I00 ll/ZSj90 . . EXHIBIT ‘B WATERLlj’VEEASEiUEN~ .- LOT 11, CT ii-10 UNIT 1, MAP NO. 10330 CMWD en-c.232 N 77” 04’ 13” E 15x33 El 12’ 45’47’W L9.36’ N 12’ 5447” W 4 1.53’ N 12’ 3 5’47” W 3Sl.69’ N 77’04’ 13” E 17.00’ N 5%’ 44’ 59” 6 I 4 .OO’ 5 33” 15 01” E 17.00’ N 56’ 44’ 54’E 58.00 N 5G044’ 59% 4 1.00’ s-a3”14’ 01” E le.50’ N540’4-4’ 39’ E 20.00’ S3’3’ICS)O)’ E 31.00’ F133- k5’01” w 46.50 N 5~*04’54”~ N 5C44’39”E s ‘33” ISblu E 5 SC0 Z’J’4l”E 5 G1’05’ZO” lq 5 61’05’2d’W 5 Z034’q-o”E 561”05’2O”W 4 LB’ 54’40% 5 lee 55’47’E 4 7-l-04-’ 15 bd 5 12” 55’47” E Ii 77’04’ 13” E S77’d IY’ w 2s.50’. ro.00 I- 2 1.00’ 190.d G 59 w’ 75,lZ.’ 23800’ I041 ’ 29.00’ 252.71’ 30.00’ 48.91’ 5260’ 113-03 CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 KAHR AND ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008 3 N 127/90/00 l+3/90 , ..- ,. I .‘. t . EXHIBIT ‘8’ : <i - WA7ERMVE EASEMENT .c LOT 11, CT 81-10 UNIT i, MAP I’iO. 10330 CMWD 87-C.232 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 RESOLUTION NO. 761 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 11, CARLSBAD RESEARCH CENTER UNIT 1. C.T. 81-10 CMWD PROJECT NO. 87-C-232 WHEREAS, Crivello Corporation, a California corporation, have submitted a Water Line Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lot 11, Carlsbad Research Center Unit 1, Carlsbad Tract 81-10, CMWD Project No. 87-C-232; and a Subordination Agreement from the San Diego Trust & Savings, a California corporation, 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 Crivello Corporation dated October 24, 1991, conveying an easement for waterline purposes and a Subordination Agreement dated October 24, 1991, from the San .a. Diego Trust 61 Savings to agree that foreclosure or other enforcement of rights under said deed of trust shall not affect said easement over a portion of Lot 11, Carlsbad Research Center Unit 1, Carlsbad Tract 81-10, CMWD Project No. 87-C-232, 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 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 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 3rd day of December f 1991 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: . ALETHA L. RAUTENRRANZ, Secretark (SEAL) CXWD 87-C-232 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 2326 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO: ; Carlsbad Municipal Water District ) Engineering Department 1 5950 El Camino Real Carlsbad, California 92008 1 1 i .) _- .t I Space aboye this line for .i : '. ,.-; -1. Recorder!s'use. Assessor's Parcel Nc. 212-061-08 Project Name- &~No. Lot 11, Carlsbad Research Center, Ma&~&;.' f0330, Unit 1, CMWD Project No. 87-C-232 3.1. >.i, .A ‘y : *; ,., T, DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT 3‘ .: _, ,,,-, i ,, Sj,’ ( ‘% T. Board of Directors . .I’ ;‘ : _- (’ ~.“$‘. S"G .’ i. :x EASEMENT _; -" -'k^ ',..'.i CRIVELLO &RPO&l%N, a California corporation ). < . . .s ,,".C \ Is.*, I , 1 ,, :,>- "$ ",l.. /'I :? does hereby grant.to * '. ,& ? .i'. . ..' CAR+ MUNICIPAL"WATER DISTRICT, a Public ;:'-- :_ /' /. Agency organized inthe Stateof Ca,lifornia,. its successors and e iz ,',I 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, 1 3/14/91 REV. 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 A 232’7 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 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, .I_ _ '.: ‘i; . . and all other protective facilities and devices. The use shall 1. also include a means of access to and from said-facility for the _ I'.' purpose '+* "_( of, -constructing, operating, repairing, maintaining, :^ inspecting and'reconstructing said facility. The uses described herein shall be exclusive to the Grantee‘: .Gr&tor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, i- t nor may the eas'ement be used by~the Grantor or any other person or .* : ,) ., entity, includin"g other utilities, whether public or private, for .' _ ', ,- uses whether.'compatible or incompatible with the uses described .,* - ; - .,5. -- " herein without the- express written approval of the Grantee. /I/ /// /// /// /// /// /// /// /// /// : * _,’ ‘. 2 3/14/91 REV. 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 /I 2328 4 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit rtAtl and Exhibit ltBll attached hereto and by this reference made a part 1 hereof. +';:‘,;‘. (-7. ':-Y. _, I ?Executed by the GRANTOR this " ,f%f, 1 ,<;+; 7 ,+&*.j; -24 day: of fi,su , J "$. ‘??>d. _ '_ 2‘ ,. .*.,19x. ".- '." ‘I. ;. ,. .: 1-I _ .;y :::., i -,‘t'.. '",>$.%" 2 L ~ ,;*‘ >. $29 _ 8,'. " ?,~& GRANTOR:. 1 -.<3qg r*=~, -~, '~,$g& 2 "* ;- i,, " ‘_ ,v >-'a":i*, ; '3 * '- CRIVELLO CORFORATICXj, a - i y yii, :f:i California cc*ration "'-G& 9 . . ,i ,.*:,a -iEd r_ rrveli D -.i,'%: & (name of grantor) d 2&f gnkere) : J&&&lo, President : (title of signatory) T" .-2, " ' /: ‘$&IQ&y _*._ . * ; (sign here) a., _‘, (.. ld, Secretary/Vice Preside] (title of signatory) (Notarial acknowledgment opexecution by GRANTOR must be attached.) CMWD 87-C-232 3/14/91 REV. .- m - CRIWELLO 2323 CORPORATION -b STATE OF CALIFORNIA NOTARY ACKNOWLEDGE24ENT COUNTY OF SAN DIEGO -ON On this day of m&XV .& in the year \%I, before me, the undersigned, a Notary Public in And for said County and State, personally appeared c\c < , personally known to me ( the erson(s) who executed the within and Gck instrument as -kwL.m~ pfes or on behalf of the corporation therein named, and a#nowledged'to me that the corporation executed it. .- Witness my hand and official seal: Notary Seal or Stamp . . 2330 LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 C.M.W.D. 87-C.232 JN 127/90/00 12/3/90 FF REV. 2/7/91 FF EXHIBIT 'A' ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77"04'13' EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12'55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12"55'47' WEST, FEET TO A PO;NT HEREINAFTER REFERRED TO AS POINT 41.53 NORTH 12'55'47" WEST, 'A'; THENCE 331.69 FEET; THENCE NORTH 56"44'59" EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE NORTH 56'44'59" EAST, 58.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE NORTH 56'44'59" EAST, 41.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56" 44'59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT. 'E'; THENCE NORTH 56"44'59" EAST 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; 'THENCE NORTH 56" 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL Al: BEGINNING AT THE AFORESAID POINT 'A'; THENCE NORTH 77O 04'13" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A2: BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33O 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A3: BEGINNING AT THE AFORESAID POINT 'C'; THENCE SbUTH 33O 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS. SHEET 1 OF 3 , . 2331 ALSO PARCEL A4: BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33O 15'01' EAST, 31.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A5: BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33' 15'01" WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11. ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POI.NT 'F'; THENCE SOUTH 33' 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS. PARCEL B: BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52'23'41" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61° 05'20" WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61" 05'20' 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61"05'20" WEST, 18.11 FEET; THENCE SOUTH 12"55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12'55' 47" EAST, 48.41 FEET; THENCE NORTH 77O 04' 13' EAST, 52.50 FEET TO A POINT OF TERMINUS. ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FdLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28" 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B3: BEGINNING AT THE AFORESAID POINT 'I'. THENCE SOUTH 77O 04'13" WEST, 30.00 FEET TO A POINT OF TERMIN& ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: '.. :; t SHEET 2 OF 3 / C.M.W.D. DWG. 87-C-232 1 s . 6 _.-- - . . 2332 BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 28O 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 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 NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 AND B3: 20,666.65 SQUARE FEET. CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 SHEET 3 OF 3 C.M.W.D. DWG. 87-C.232 .’ I“ , ‘1 -. , . . ws/127-90 ‘ \ \ .. \\ \ ’ \ 1; ~~ 1 q-5’ \Y p@ L+ ._. BOT3H OF ‘3’ZGrrd~ii~~ LzLqAiu .s yzA$ hy4y CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 KAHR AND ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008 S-N lZ7/90 /oo W23/70 . . EXHIBIT ‘B WATERLINE EASEMENT :- LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 2334 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed dated .s-?+ , 19z, from CRIVELLO CORPORATION, a California corporation I 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 December 3 I 19 91 , and the Grantee consents to recordation thereof by its duly authorized officer. DATED: December 4 ,19x. CARLSBAD MUNICIPAL WATER DISTRICT ALETHA L. RAUTENKRANZ, Secre Board of Directors CMWD 87-C-232 . II 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 2335 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). j RECORDING REQUESTED AND ; WHEN RECORDED, PLEASE MAIL TO ; Carlsbad Municipal Water District 5950 El Camino Real ; Carlsbad, California 92008 ^ )_ i.* ., .( a': 1 " .: \ ,_- ~, ."", _* ,_ ;": * _ (." .: I :* ,Space,above this line for : : ‘.:,.,Recorder's use. A.P.N. 212-061-08 CXWDNo. 87-C-232 7, ‘L<.> ‘a<.’ ,, I_ : d . ;, ,‘- SUBORDINATICN AGREEMENT *-;.;: _.( e : ,.- .' ' NOTICE :%- '~.THIS SUBORDINATIONAGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AN ESTATE IN THE REAL PROPERTY TO WHICH : YOUR SECURITY INSTRUMENT ATTACHES 1 AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST; :, THIS‘AGREEMENT, made this & day of I '-. .. *,- \ .).* ~: )- lgq/ by CRIVELLO CORPORATi6N;"~'a California Corporation -. >I;, , il (Trustor) hereinafter referred to as ttOwner,tt owner of the land and SAN DIEGO TRUST,& SAVINGS BANK, 'a California corporation * : ._ 3 (qger) 7;: .' .' hereinafter referreg.to as llBeneffciary@t /; "‘" , present owner and holder of the deed of trust"hereinafter; deskibed; : ‘1, WITNESSETH THAT WHEREAS, Crivello Corporation (Trustor) did execute a deed of trust, dated January 16 , 1990 to San Diego Trust & (Date) (Trustee) Savinqs Bank astrustee, covering Lot 11, Carlsbad Research Center Unit 1, CMWD Project No. 87-C-232 Map No. 10330 (Brief Legal Description) I (See Exhibit 'A' & 'B' for Detailed Description) 1 3/26/91 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 2336 to secure a note in the sum of one million, three hundred fifty (Lien Amount) thousand dollars ($ 1,350,000.00 ) dated January 16 (Date) ' 19 90, in favor of San Dieqo Trust & Savinqs Bank recorded (Beneficiary) in the office of the County Recorder of San Dieqo County (County) on January 23, 1990 , as FileNo. go-039538 of Official (Date Recorded) (F/P No.) Records of said county; and ; -': '_, WHEREAS,;'.Owner has executed, .i or is about to execute, as , ,~ i-"-. grantor, a grant o&&MENT/EASEMENTS dated /d-,&/-q/ , in ,, -. * “' favor of the, Carlsbad Municipal Water District as grantee, - :_. _ .,s ; -._._ hereinafter-.'ref&red to as "Easement Grantee,". creating AN/THE _ -. 7 EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS 'A' & ,gx attached hereto‘; and i St ,'.I . : @EREAS, ‘C.. Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a n ; .,,~ charge upon the%&bove'described property prior and superior to the _ i ( .@&; : lien or charge of$&e deed of trust above mentioned and provided -*,I ' ‘i-l,-'.>.'L;, ' . ,- that beneficiary-will'specifically and unconditionally subordinate I -' -,. ;y ..*,z -( the lien or charge:.of‘the:deed of t-rust above mentioned to the lien $' '-'-_ *ii,<* $< ?a- . *;.;,. .I _*'/ .‘ " or charge of the EASEMENT/EASEMENTS created, in favor of Easement ,~. .~ _ c Grantee; and ' : ., ! WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, 2 3/26/91 REV. , .’ 2337 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge ,d ~\ / on the property therein described, prior and superior to the lien or charge of the deed 'cf trust above mentioned. " < -,, 2 .( '. .That Easement 'Grantee would not'.accept said ,.'." _,, ,. .> -,,q- :. '-3. / EASEMENT/EASEMENTS above described without this'subordination agreement. . ,.- -;, 3. That this agreement shall be the whole and only J* : /. agreementlith regard to the-subordination of the liex%or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in ,. 5.: -~;- favor of Easement'Grantee above referred to and-shall supersede and ', j 1.. / cancel, 2" I" but only insofar as wou‘ld affect thepriority between the ..~. deed of trust' and-'EASEMENT/EASEMENTS her&before specifically : . ._, &.;.~ __ >;g ,:. ,, :,.+. . \.' *,l Ly ""~,* ;I:, ,> *:' described, any prior a~~~~ment-as.to~',~~c~-isubordination including, , -'_, e,' ,; _ 1.,.- :q., -. >*.a n\ but not limited, thosii$rovisions, if any, contained in the deed of _/ )/, trust above mentioned, bhich $&vi&for the subordination of the lien or charge thereof to another interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approves the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of 3 3/26/91 REV. I l CI ..’ 2333 1 2 3 4 5 6 7 a 9 i 10 11 12 13 14 15 16 17 la 19 20 r 21 22 23 24 , ’ 25 26 27 28 Easement Grantee above referred to and understands that in reliance + upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title ., insurance companiei which would'& be made or entered into but j_ , .'.* ,4: (. .- .$. i) _ for said rel ianc~~ -~~. ‘upon the waiver, and ~: ,, relinquishment . .,‘" .‘ . subordinatioa;..;and“ .- . . ' _. ,-dqe'" ,1 i __ , ;, '; _~ 'i . .~7>h&&+$& il .' i.&, '%& ""*%s"X ,. ** :g* L ~ (_ "; 3%~,~An endorsement has been placed upon?the'note secured ;:.a- . ."_ \ ,, by the deed of“trust above mentioned that said deed of trust has by ,.' , this instrument been subordinated to the ' charge of the Q 2. I ‘k.* . '*,-"" & (I . EASEMEN?$EASEMENTS in favor of Easement Grantee above'referred to ._ ..' (title) (title) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION 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 II 4 3/26/91 REV. l r . 2333 Easement Grantee above referred to and understands that in reliance won, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed zina a-1 ; vrnv.e.4 CkA ~~~l;rU~.wrl ,nxev-mrmrrmn -I-” ,.---I .- - I -- -- -.-- . - . 2339 NOTARY ACKNOWLEDGEMENT CORPORATION On this 24th day of October , in the year 191, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jeffrey Reed & Jeffrey Stites personally known to me [~M#%~msw%s b&iti&HsQot~ide~ to be the person[s] who executed the within instrume;t es First Vice President and Vice President or on behalf of the corporation ther in 4 named, and acknowledged to me that’ the carporation executed it. Witn6;ss my hand and official seal: --- CRWELLO CORPORATION , STATE OF CALIFORNIA NOTARY ACKNOWLElDGEZ'fENT COUNTY OF SAN DIEGO -a On this 24 day of OCkbe~ in the year ls9 before me, the undersigned, a Notary Publi personally appeared 'Isa% El . in And for said Count; and State, NC\ 10 I personally known to me (e L V =crLLs the erson(s) who L uted the within ins and crew d \I1 or on behalf of the corporation therein named, and aclfiowledged to me that the corporation executed it. Witness my hand and official seal: n.bb otary's Signature J Notary Seal or Stamp c . : 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 2340 SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS ~ WITH RESPECT THERETO. General Counsel (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached. /)* :' %I. i ,::: ~8 ., 1, CMWD 87-C-232 * <'Z>$ (. / . . .; 'Ii-, s -, , -.- *,-$: j. : . &*L.:~ .,, ., 1 i.( .- \ 'it : ,; (. * -.t. rn>~"~ . : .L' " ,~. ; -:&G. es; $p>. .';";. c;- . - ,q '2: ; *. v$, ; -;y‘,!" .) ,~. c' pi', ; -p"'- . *' '_ _+ -" ' (-* , : i, ." '7. #L. .'", r. *( b'i CT%.: .,:a% y;.. i;" 4 ?' I. _., s . . .i _" "'i : ..\- :;,a,: p", ,i .' '_ $;- p<.~' - ,. . e .;; i-: d a** )FjT ;,.*:~$~,“j.***.y~ " 1 "',‘,‘. _ _, _' qg;$&I~s" -. _. ,.- i ,- , _* . .- -*,*., ‘,A" : ,. _' ,s, &" ; 3/26/91 REV. 2341 LOT 11, CT 81-10 UNIT 1, MAP NO. 10330 C.M.W.D. 87-C.232 JN 127/90/00 12/3/90 FF REV. 2/7/91 FF EXHIBIT 'A' ALL THAT PORTION OF LOT 11 OF CARLSBAD TRACT NO. 81-10 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT ON THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD, THENCE NORTH 77"04'13" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE SOUTHERLY PROPERTY LINE OF SAID LOT 11, 157.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE NORTH 12*55'47" WEST, 29.30 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 77"04'13" WEST 113.83 FEET; THENCE NORTH 12"55'47' WEST, FEET TO A PO;NT HEREINAFTER REFERRED TO AS 41.53 POINT 'Al. 56'44'69" THENCE NORTH 12'55'47" WEST, 331.69 FEET; THENCE NORTH EAST, 14.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE NORTH 56'44'59" EAST, 'B'; 58.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'; THENCE NORTH 56"44'59" EAST, 41.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'D'; THENCE NORTH 56" 44'59" EAST, 20.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT, 'E'; THENCE NORTH 56O44'59" EAST 23.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; 'THENCE NORTH 56' 44'59" EAST, 10.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL Al: BEGINNING AT .THE AFORESAID POINT 'A'; THENCE NORTH 77 o 04'13" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A2: BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 33O 15'01" EAST, 17.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A3: BEGINNING AT THE AFORESAID POINT 'C'; THENCE SCUTH 33O 15'01" EAST, 18.50 FEET TO A POINT OF TERMINUS. SHEET 1 OF 3 c c . . 2342 ALSO PARCEL A4: BEGINNING AT THE AFORESAID POINT 'D'; THENCE SOUTH 33O 15'01" EAST, 31.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A5: BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH 33' 15'01" WEST, 46.50 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE NORTHERLY PROPERTY LINE OF SAID LOT 11. ALSO PARCEL A6, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT 'F'; THENCE SOUTH 33O 15'01" EAST, 21.00 FEET TO A POINT OF TERMINUS. PARCEL B: BEGINNING AT A POINT ON THE MOST NORTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE; THENCE SOUTH 52O23'41" EAST ALONG SAID RIGHT OF WAY LINE AND ALONG THE NORTHEASTERLY PROPERTY LINE OF SAID LOT 11, 198.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE ALONG SAID CENTERLINE SOUTH 61° 05'20" WEST, 65.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 61" 05'20" 'G'; WEST, 75.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE SOUTH 61"05'20" WEST, 18.11 FEET; THENCE SOUTH 12"55'47" EAST, 252.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'I'; THENCE SOUTH 12O55' 47" EAST,, 48.41 FEET; THENCE NORTH 77O 04' 13" EAST, 52.50 FEET TO A POINT OF TERMINUS. ALSO PARCEL Bl, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFORESAID POINT 'G'; THENCE SOUTH 28" 54'40" EAST, 23.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B3: BEGINNING AT THE AFORESAID POINT 'I'; THENCE SOUTH 77' 04'13" WEST, 30.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL B2, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: *. r: t SHEET 2 OF 3 . - C.M.W.D. DWG. 87-C.232 1 I.. .: ._-. .* c ., . . 2343 BEGINNING AT THE AFORESAID POINT 'H'; THENCE SOUTH 28" 54'40" EAST, 29.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF THE SAID 15.00 FOOT WIDE AND 20.00 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 NORTHERLY RIGHT OF WAY LINE OF RUTHERFORD ROAD FOR PARCEL A AND SHALL BEGIN IN SAID WESTERLY RIGHT OF WAY LINE OF PRIESTLY DRIVE FOR PARCEL B, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCELS A, Al, A2, A3, A4, A5, A6, B, Bl, B2 AND B3: 20,666.65 SQUARE FEET. CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 SHEET 3 OF 3 ,. . . . :. :_ C.M.W.D. DWG. 87-C.232 ., ; r. , .,. : .i ws/127-90 '7 “ . . . . . .,.'.. " 2344 \ c-i@ L WE~T~LY RIGWWWAY LINE PAR.‘6 q\\ \y$ 16 CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 KAHR A/)lD ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008 m 1*7190/00 /i/Z4/‘70 . . EXHIBIT ‘B , WATERLlNE EASEMEN’I: .-. ” LOT 11, CT ii-10 UNIT 1, MAP NO. 10330 CMWD ss-c.232 -- , . : III ‘-@’ El El El cd El [sl Eil J IEI BEI Ii3 N 77” 04’ I$' E I 5rl33’ * El lZO ~!5’47”W 29.3db N lz’ &47”.W 4 1.153’ N IZ’ 3 5’47” h’ 93l.69’ N 77’ 04’ 13” E 17.00’ N 56.44 59” E 14.00’ 5 33” 14' 01" E 17.00’ N 56’ 4/v 59’ E 58.00’ N 56=’ 44’ 57% 4 J.00’ s33°13’ 01” E l0.50’ N’56’4-4’ 59” E 20.00 s3~‘15’0l’ E 31.00’ r-l33* t5’01” w 4 6 50’ - 2345 - Eil El @iI Q Ga Q @3 aI @I @I @I IB @ 14 56*44’59’% N56*44-‘391E 5 43O 15’d E 5 5Z” 2$4l”E 5 Gl’o5’zo’w 561’04’2d’W 5 z%-s’4-o”E 561”05’2O”W 5 2%” 54’40% 5 12” 55’47” E 5 77’04-’ 13* bd 5 12” 55’47”E Id 77 ‘04’ 13” E 25.70’- 10.00 ‘. 2 LOO l90.d-s’ 6 5.5-o’ 75x. 23400’ re.11 ’ 24.00’ 252-71’ 30 .oo/ 48.YI ’ 52.50 ’ @I 577’04 Fs’ w 113-03’ CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 KAHR AND ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 133 CARLSBAD, CA 92008 J N 127/90/00 I+53/90 -. . . .a : , , s t . . EXHIBIT ‘B’ ‘; ti WATERLINE EA&fENT :c. . ‘* > - LOT 11, CT 81-10 UNIT i, MAP Fib. 10330 CMWD 87-C.232