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" ,r Transamenca Title Insurance Company
4355 RUFFIN ROAD
SAN DIEGO, CALIFORNIA 92123
(619) 565-8131
DATE DECEMBER 13, 1984
CESCO DEVELOPMENT
110 WEST C STREET, SUITE 1220
SAN DIEGO, CALIFORNIA
ATTN: CEDRIC SANDERS
ORDER NO. 0066698
-----------PRELIMINARY TITLE REPORT------------
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POlICY Of TITLE INSURANCE, TRAHSAHERICA TITLE
INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF,
A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAfTER
SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE
NOT SHONN OR REFERRED TO AS AN EXCEPTION BELON OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPUlATIONS OF SAID POLICY FORM.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN
EXHIBIT "A" ATTACHED. COPIES OF THE POLICY FORns SHOULD BE READ. THEY ARE AVAILABLE FRon THE OFFICE NHICH
ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AHENDftENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING
THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT
LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD
BE REQUESTED.
/'
./
GARY TRI HAN
(TITLE OFFICER)
DATED AS OF 7:30 A.M. DECEMBER 11, 1984
" ,r Transamenca Title Insu~ance Company
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY
THIS REPORT IS:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE
POLICY -1973
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CEDRIC E. SANDERS, A MARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY
PAGE 2 0066698
" ,r Transamenca Title Insurance Company
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALrFORNrA~
COUNTY OF SAN DIEGO, CITY OF CARLSBAD~ AND IS DESCRIBED AS
FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LOTS "D", "E" AND "J" OF THE RANCHO
AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF BAY SHORE, UNIT NO.
2, ACCORDING TO MAP THEREOF NO. 7671, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON JUNE 20, 1973,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND SHOWN
ON THE MAP OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP
THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON DECEMBER 16, 1980; THENCE ALONG THE BOUNDARY
OF SAID LAND SHOWN ON SAID MAP NO. 9935 THE FOLLOWING COURSES
SOUTH 1-57~58" WEST, 610.73 FEET; THENCE NORTH 14-18'41"
WEST~ 173.76 FEET; THENCE SOUTH 55-37~57" WEST, 223.84
FEET; THENCE SOUTH 6-48~26" WEST, 453.90 FEET; THENCE SOUTH
23-2()' 54 II WEST, 177. 99 FEET; THENCE SOUTH 67°31' 58 II WEST,
104.70 FEET; THENCE SOUTH 6°54:014" WEST~ 213.64 FEET; THENCE
SOUTH 35-11'24" WEST, 151.63 FEET; THENCE NORTH 72-22~50"
WEST, 179. 5!f FEET; THENCE NORTH 59-48:0 28" WEST, 131. 06
FEET; THENCE NORTH 10°25'27" WEST, 66.60 FEET; THENCE NORTH
79-40'12" WEST, 118.90 FEET; THENCE NORTH 43-09'20" WEST,
153.79 FEET; THENCE NORTH 81°24'45" WEST, 96.91 FEET; THENCE
SOUTH 7-41'08" WEST~ 190.89 FEET; THENCE SOUTH 8°22'30"
EAST, 203.47 FEET; THENCE SOUTH 28°3 F 33" EAST, 327.41
FEET; THENCE SOUTH 13°32' 45" WEST" 98. 54 FEET; THENCE SOUTH
59°25'45" WEST, 133.52 FEET; THENCE SOUTH 15-39'32" WEST,
352.78 FEET; THENCE SOUTH 57°49'13" EAST 56.58 FEET; THENCE
SOUTH 0021~05" WEST 2179.90 FEET; THENCE NORTH 89°36'23"
WEST 265.56 FEET; THENCE SOUTH 1°15'07" WEST 150.30 FEET;
THENCE SOUTH 9°46' 5CI" WEST 112.79 FEET; THENCE SOUTH 20°53' 19"
WEST 126.01 FEET; THENCE SOUTH 14-40'43" WEST 57.10 FEET;
THENCE SOUTH 7-13' 27" WEST 135. 34 FEET; THENCE SOUTH 11°36' 18"
WEST 65.24 FEET; THENCE SOUTH 14-41'25" WEST 159.68 FEET;
THENCE SOUTH 21-39'05" WEST 190.34 FEET; THENCE SOUTH 13-43'35"
WEST 781.82 FEET; THENCE NORTH 89-25~10" WEST 2080.08 FEET;
THENCE NORTH 1°42'41" 'EAST 610.00 FEET; THENCE NORTH 23-12'02"
WEST 720.30 FEET; THENCE SOUTH 78-14~59" EAST 319.91 FEET;
THENCE SOUTH 48-43'39" EAST 335.00 FEET; NORTH 48-46~21"
EAST 250.01 FEET (RECORD 250.00 FEET); THENCE SOUTH 81-13'39"
EAST 210.01 FEET (RECORD 210.00 FEET); THENCE NORTH 8°46'21"
EAST 980.00 FEET (RECORD' 980.08 FEET); THENCE NORTH 24-13'40"
wEST 770.00 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17-17'00"
A DISTANCE OF 301.65 FEET (RECORD 17-17'17" 301.73 FEET);
PAGE 3 0066698
,r Transamenca Title Insurance Company
THENCE NON-TANGENT TO SAID CURVE SOUTH 69°28'42" 1408.19
FEET TO A POINT ON THE EASTERLY BOUNDARY OF TAMARACK AVENUE
AS DEDICATED TO PUBLIC USE BY DEED RECORDED NOVEMBER 19,
1982 AS FILE/PAGE NO. 82-357616 OFFICIAL RECORDS BEING
A POINT ON THE ARC OF A NON-TANGENT 1042.00 FOOT RADIUS
CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID WHICH BEARS
SOUTH 85°33'46" EAST; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10°16'06" A DISTANCE
OF 186.74 FEET (RECORD 10°16'33" 186~88 FEET>; TANGENT
THERETO SOUTH 14°42'20" WEST 138.57 FEET TO THE BEGINNING
OF A 642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
11°24'30" A DISTANCE OF 127.83 FEET TO A POINT ON THE NORTHWESTERLY
BOUNDARY OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP
THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY BEING A POINT ON THE ARC OF SAID
642.00 FOOT RADIUS CURVE; THENCE CONTINUING SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND THE NORTHWESTERLY BOUNDARY
OF SAID MAP NO. 9935, AN ARC DISTANCE OF 10°53'10" A DISTANCE
OF 121.98 FEET; TANGENT TO SAID CURVE SOUTH 37°00'00" EAST
702.00 FEET TO THE BEGINNING OF A TANGENT 958.00 FOOT RADIUS
CURVE CONCAVE EASTERLY; SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRL ANGLE OF 15°47:030" A DISTANCE OF
264.04 FEET; THENCE SOUTH 21°12'30" WEST 455.73 FEET; THENCE
LEAV I NG SA I D NORTHWESTERLY BOUNDARY, NORTH 0°34' 5()" EAST
944.01 FEET; THENCE NORTH 89°25'10" WEST 300 FEET; THENCE
SOUTH 0°34'50" WEST, 660.00 FEET TO THE BOUNDARY OF LAND
SHOWN ON SAID MAP NO. 9935; THENCE ALONG THE BOUNDARY OF
SAID LAND THE FOLLOWING COURSES NORTH 89°25'10" WEST 317.25
FEET; THENCE NORTH 0-34'50/1 EAS"I:, 987.75 FEET; THENCE NORTH
24°22:057/1 WEST, 517.37 FEET TO THE POINT OF INTERSECTION
WITH THE SOUTHEAST CORNER OF THE LAND CONVEYED TO CEDRIC
E. SANDERS BY DEED RECORDED DECEMBER 29, 1983 AS INSTRUMENT
NO. 83-475916 OFFICIAL RECORDS; THENCE ALONG THE BOUNDARIES
OF SA I D SANDER" S L.AND, SOUTH 82°59' 47" WEST 70. 00 FEET;
NORTH 24°20'17" WEST 95.00 FEET; NORTH 4°59'18/1 WEST 28.72
FEET; TO A POINT ON THE ARC OF A TANGENT' 150.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 43°54"12" A DISTANCE OF
114.94 FEET; TANGENT TO SAID CURVE NORTH 48°53' 30" t.>JEST
22.76 FEET; NORTH 41-06'30" EAST 79.00 FEET; THENCE LEAVING
THE BOUNDARY OF SAID SANDERS LAND BY THE DECEMBER 29, 1983
DEED, NORTH 24°20'17" WEST 65.97 FEET TO A POINT ON A NON-TANGENT
470 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE
OF WHICH BEARS SOUTH 48°53'30" EAST; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
9°31'43" A DISTANCE OF 78.16 FEET; TO THE BEGINNING OF
A COMPOUND 25.00 RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°32'56" A DISTANCE
OF 38.64 FEET TO THE BEGINNING OF A REVERSE 742 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ·ANGLE OF 13°15'40"
A DISTANCE OF 171.74 FEET TO A POINT ON THE BOUNDARY OF
LAND SHOWN ON SAID MAP 9935; THENCE ALONG THE BOUNDARY
PAGE 4 0066698
,r Transamenca Title Insurance Company
OF SAID LAND, NORTH 24°22'57" WEST 712.64; NORTH 24°25"34"
WEST 1,805.09 FEET; NORTH 70°04'"37" EAST, 515.00 FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 42°45'55" EAST, 95.64
FEET; THENCE SOUTH 43°00"00" EAST, 380.00 FEET; THENCE
SOUTH. 3°30'00" EAST, 190.00 FEET; THENCE SOUTH 31°30'00"
EAST, 360.00 FEET; THENCE SOUTH 15°00'00" EAST, 140.00
FEET ·TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS UNLIMITED
BY DEED RECORDED JUNE 19, 1979, AS FILE/PAGE NO. 79-252293,
OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTH 70°04"37"
EAST, 699.57 FEET TO THE BOUNDARY OF LAND CONVEYED TO TREETOPS
UNLIMITED BY DEED RECORDED MARCH 26, 1980 AS FILE/PAGE
NO. 80-102577; THENCE ALONG SAID BOUNDARY THE FOLLOWING
COURSES SOUTH 16°49"53" EAST, 218.38 FEET; THENCE SOUTH
26°10" 23" EAST, 500. 00 FEET; THENCE SOUTH 85-29°37/1 WEST,
480.00 FEET; THENCE NORTH 39°00"23" WEST, 372.00 FEET;
THENCE NORTH 13-46"34/1 WEST, 176.94 FEET; THENCE LEAVING
SAID TREETOPS LAND SOUTH 700.04"37" WEST, 167.64 FEET TO
THE WEST BOUNDARY OF LAND .CONVEYED TO SAID TREETOPS UNLIMITED
BY SAID DEED RECORDED AT FILE/PAGE NO. 80-102577; THENCE
SOUTH 28°37'"41" EAST, 482.64 FEET; THENCE SOUTH 2°54"50"
WEST, 350.00 FEET; THENCE SOUTH 17°25"10" EAST, 430.00
FEET; THENCE SOUTH 24°25'"10" EAST, 490.00 FEET; THENCE
SOUTH 10-43" 01/1 WEST, 257.35 FEET; THENCE SOUTH 24°25" 10"
EAST, 430.00 FEET; THENCE SOUTH 48-05"12" EAST, 200.00
FEET; THENCE SOUTH 24°25"10" EAST, 300.00 FEET; THENCE
NORTH 59°09'"50/1 EAST, 587.00 FEET; THENCE NORTH 43°29'50"
EAST, 339.00 FEET; THENCE SOUTH 80-08'50" EAST, 71.22 FEET
TO A POINT IN THE ARC OF A 1,000 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75°17"40"
EAST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
33°19"32" A DISTANCE OF 581.64 FEET; THENCE TANGENT TO
SAID CURVE NORTH 18°37"12" WEST, 273.62 FEET TO THE 'PROPOSED
CENTERLINE OF ELM AVENUE PER THE IMPROVEMENT PLANS ON FILE
IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF CARLSBAD;
THENCE LEAVING THE BOUNDARY OF SAID TREETOPS UNLIMITED
LAND NORTH 18°37"12" WEST 688.69 FEET TO THE BEGINNING
OF A TANGENT 300 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15-04"38" A DISTANCE OF 78.94 FEET;
THENCE NON-RADIAL TO SAID CURVE, NORTH 79°14"50" EAST 611.50
FEET; THENCE SOUTH 87°15"10" EAST 77.00 FEET; THENCE NORTH
4°01.31" EAST 507.84 FEET; THENCE NORTH 80-35" 00" WEST
92.15 FEET; THENCE NORTH 21°05"00" WEST 444.98 FEET TO
THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE CLOCKWISE, ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 129°05'"00" A DISTANCE
OF 112.65 FEET; THENCE TANGENT TO SAID CURVE SOUTH 72°00'00"
EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE COUNTER-CLOCKWISE
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
79-58"09/1 A DISTANCE OF 69.79 FEET TO A POINT OF REVERSE
CURVATURE WITH A 2,000.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
A RADIAL LINE TO SAID POINT FROM SAID 2,000.00 FOOT RADIUS
CURVE BEARS NORTH 61-58"09" WEST; THENCE NORTHEASTERLY
PAGE 5 0066698
"
T Transamenca Title Insura~~e Company
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
15°42"33" A DISTANCE OF 548.35 FEET TO A POINT IN THE ARC
OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46°15"36"
WEST; THENCE LEAVING SAID CURVE NORTH 59°51'59" EAST. 804.25
FEET (RECORD -804.26 FEET) THENCE NORTH 13°27"33" WEST
(RECORD -NORTH 13°37"33" WEST) 360.00 FEET TO THE NORTH
BOUNDARY OF SAID LAND SHOWN ON SAID MAP NO. 9935; THENCE
ALONG SAID NORTH BOUNDARY OF SAID MAP NO. 9935 NORTH 89°19"04"
EAST, 1,113.60 FEET; THENCE CONTINUING ALONG SAID NORTH
BOUNDARY NORTH 89°19"35" EAST, 2,580.39 FEET TO THE POINT
OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION
THEREOF CONVEYED TO COSTA REAL MUNICIPAL WATER DISTRICT
BY DEEDS RECORDED MARCH 30, 1983 AS FILE/PAGE NO. 83-099713,
AND MAY 18, 1984 AS FILE/PAGE NO. 84-186998 OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION SHOWN AS "2.00 ACRES"
ON SHEET 3 OF RECORD OF SURVEY MAP NO. 9336, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
PARCEL 2:
ALL THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823 AS FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE EASTERLY BOUNDARY OF
LOT 1 OF CARLSBAD TRACT NO. 76-12, ACCORDING TO MAP NO.
9935; THENCE ALONG SAID BOUNDARY SOUTH 34°33"00" EAST 47.40
FEET TO THE TRUE POINT OF BEGINNING, BEING ALSO A POINT
IN A NON-TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
A RADIAL LINE TO SA'ID POINT BEARS NORTH 26-06" 51" WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 05°06"58" AN ARC DISTANCE OF 38.40 FEET; THENCE
TANGENT TO SAID CURVE NORTH 69°00"07" EAST 102.57 FEET
TO THE BEGINNING OF A TANGENT 570.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE EASTERLY, NORTHERLY AND NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°37'19" AN
ARC DISTANCE OF 871.70 FEET; THENCE TANGENT TO SAID CURVE
NORTH 18-37'12" WEST 54.54 FEET; THENCE NORTH 69°28'42"
EAST 30.02 FEET; THENCE SOUTH 18-37'12" EAST 55.53 FEET
TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE
CONCAVE WESTERLY;' THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°37"19" AN
ARC DISTANCE OF 917.58 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 69-00'07" WEST 102.57 FEET TO THE BEGINNING OF A
TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 04°28" 42" AN ARC DISTANCE OF 31. 26 FEET TO A POINT
IN SAID EASTERLY BOUNDARY OF MAP NO. 9935; THENCE ALONG
SAID EASTERLY BOUNDARY NORTH 34-33"00" WEST 30.35 FEET
TO THE TRUE POINT OF BEGINNING.
PAGE 6 0066698
,r Transamenca Title Insurance Company
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE
AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES, as follows:
'For Fiscal Year 1984-85
First Installment: $3,174.24 OPEN (DELINQUENT)
Penalty : $317.42
Second Installment: $3,174.24 OPEN
Land Value $571,200.00
Account No. : 167-101-06
Code Area No. : 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment: $2,730.39 OPEN (DELINQUENT)
Penalty $273.03
Second Installment: $2,730.39 OPEN
Land Value : $491,330.00
Account No. : 167-101-14
Code Area No. : 09013
THE ABOVE ITEM AFFECTS THIS AND OTHER PROPERTY.
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment: $3,486.00 OPEN (DELINQUENT)
Penalty : $348.60
Second Installment: $3,486.00 OPEN
Land Value : $627,300.00
Account No. : 168-040-14
Code Area No. : 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment: $772.87 OPEN (DELINQUENT)
Penalty : $77.28
Second Installment: $772.87 OPEN
Land Value : $139,077.00
Account No. : 168-040-16
Code Area No. : 09013
THE ABOVE ITEM AFFECTS THIS AND OTHER PROPERTY.
GENERAL AND SPECIAL TAXES, as follows~
For Fiscal Year : 1984-85
First Installment: $425.12 OPEN (DELINQUENT)
Penalty : $42.51
Second Installment: $425.12 OPEN
Land Value : $76,500.00
Account No. : 168-040-17
Code Area No. : 09013
PAGE 7 0066698
, ,r Transamenoa Title Insurance Company
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year 1984-85
First Installment: $7,085.36 OPEN (DELINQUENT)
Penalty $708.53
Secqnd Installment: $7,085.36 OPEN
Land Value $1,275,000.00
Account No. 168-040-18
Code Area No. : 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year 1984-85
First Installment : $283.41 OPEN (DELINQUENT)
Penalty $28.34
Second Installment: $283.41 OPEN
Land Value : $51,000.00
Account No. : 168-040-22
Code Area No. : ()9013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year 1984-85
First Installment: $1,133.65 OPEN (DELINQUENT)
Penalty $113.36
Second Installment: $1,133.65 OPEN
Land Value : $204,000.00
Account No. 168-040-23
Code Area No. 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment: $850.24 OPEN (DELINQUENT)
Penalty : $85.02
Second Installment: $850.24 OPEN
Land Value $153,000.00
Account No. : 167-101-03
Code Area No. 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year 1984-85
First Installment: $425.12 OPEN (DELINQUENT)
P~nalty . $42.51
Second Installment: $425.12 OPEN
Land Value : $76,500.00
Account No. : 167-101-11
Code Area No. : 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment : $1,332.04 OPEN (DELINQUENT)
Penal ty : $133.20
Second Installment: $1,332.94 OPEN
Land Value $239,700.00
Account No. : 167-101-16
Code Area No. 09013
PAGE 8 0066698
.' ,r Transamenca Title Insurance Company
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment: $7,132.12 OPEN (DELINQUENT)
Penalty : $713.21
Second Installment: $7,132.12 OPEN
Land Value : $1,283,415.00
Account No. 167-101-19
Code Area No. : 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment: $11,592.21 OPEN (DELINQUENT)
Penalty $1,159.22
Second Installment: $11,592.21 OPEN
Land Value : $2,086,000.00
Account No. 168-040-21-99
Code Area No. 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year 1984-85
First Installment: $11,592.21 OPEN (DELINQUENT)
Penalty : $1,159.22
Second Installment: $11,592.21 OPEN
Land Value : $2,086,000.00
Account No. : 168-040-21-00
Code Area No. 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year : 1984-85
First Installment : $56.68 OPEN (DELINQUENT)
Penalty $5.66
Second Installment: $56.68 OPEN
Land Value $102,000.00
Account No. : 208-101-05
Code Area No. 09013
GENERAL AND SPECIAL TAXES, as follows:
For Fiscal Year 1984-85
First Installment: $3,826.09 OPEN (DELINQUENT)
Penalty : $382.60
Second Installment: $3,826.09 OPEN
Land Value : $688,500.00
Account No. : 168-050-27
Code Area No. : 09013
2. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE
STATE OF CALIFORNIA."
PAGE 9 006~698
,r Transamenca Title Insura~~e Company
3. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY,
A CORPORATION
Recorded, Official Records: NOVEMBER 19, 1928, OF DEEDS
Book/Reel 1550
Page/Im_ge : 343
Purpose POLE LINE
Affects : THE WESTERLY 12 FEET OF LOT D
4. EASEMENT, and incidents thereto,
In Favor of : OCEANSIDE MUTUAL WATER COMPANY
Recorded, Official Records: JULY 11, 1930, OFFICIAL RECORDS
Book/Reel : 1796
Page/Image 142
Purpose : PIPE LINE
Affects : REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE
PARTICULARS
5. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO GAS AND ELECTRIC CO.
Recorded, Official Records: JUNE 1, 1953
Book/Reel : 4874
Page/Image : 143
Purpose : STEEL TOWERS, POLE LINE, WIRES AND CABLES
Affects : 150 FEET IN WIDTH, MEASURED 110 FEET NORTHWESTERLY
AND 40 FEET SOUTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE
OF LOT "E" OF SAID RANCHO AGUA HEDIONDA, WHICH
POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64
FEET FROM CORNER NO. 3" OF SAID LOT "E"; THENCE
NORTH 28°48"24" EAST A DISTANCE OF 8868.32
FEET TO POINT "A"; THENCE NORTH 65°47"04" ABOVE
DESCRIBED PROPERTY
6. COVENANTS, CONDITIONS AND RESTRICTIONS, omitting restrictions,
if any, based on race, color, religion or national origin,
as contained in instrument,
Recorded, Official Records: APRIL 1, 1958
Book/Reel : 7016
Page/Image: 536
Containing Mortgagee Protection Clause : YES
Containing Express forfeiture or reversion: YES
7. COVENANTS, CONDITIONS AND RESTRICTIONS, omitting restrictions,
if any, based on race, color, religion or national origin,
as contained in instrument,
Recorded, Official Records: JANUARY 5, 1959, OFFICIAL RECORDS
Book/Reel : 7427
Page/Image: 358
Containing Mortgagee Protection Clause: YES
Containing Express forfeiture or reversion: YES
PAGE 10 0066698
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8. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION
Recorded, Official Records: JANUARY 16, 1963
Series/Instrument No.: 9526
Purpose : POLE LINE
Affects : ALL THAT PORTION OF PARCEL 4, THE CENTER LINE
OF SAID RIGHT OF WAY IN THE AFORESAID LAND
IS PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE EASTERLY LINE
OF SAID LOT "J" DISTANT THEREON SOUTH 10 43'28"
WEST, 1239.20 FEET FROM CORNER NO.5 OF LOT
"D" OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH
82-31'02" WEST, A DISTANCE OF 562.59 FEET TO
THE TRUE POINT OF BEGINNING OF THE ABOVE SAID
CENTER LINE OF RIGHT OF WAY; THENCE FROM SAID
TRUE POINT OF BEGINNING, CONTINUING NORTH 820 31'02"
WEST, A DISTANCE OF 927.53 FEET; THENCE SOUTH
71837'58/1 WEST, A DISTANCE OF 1120.00 FEET,
MORE OR LESS, TO THE WESTERLY LINE OF THE ABOVE
DESCRIBED PROPERTY.
9. EASEMENT, and incidents thereto,
In Favor of : GEORGE MERLI ET AL
Recorded, Official Records: MARCH 18, 1964
Series/Instrument No.: 49259
Purpose : ROAD PURPOSES
Affects : EASTERLY 10 FEET OF FOLLOWING LAND:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHVJEST
QUARTER OF SECTION 4, TOWNSHIP 12, SOUTH RANGE
4 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON
SAID MAP NO. 823; THENCE NORTH 7 0 00' WEST 1106
FEET .. NORTH 82819~55" EAST (RECORD NORTH 70 00' . ~ EAST) 1535 FEET, MORE OR LESS, TO THE NORTHWESTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO BENTON
C. CALDWELL AND WIFE, RECORDED A~GUST 15, 1951,
IN BOOK 4205, PAGE 235 OF OFFICIAL RECORDS;
THENCE CONTINUING NORTH 82°19'55" EAST 1225.02
FEET TO A POINT IN THE WESTERLY LINE OF THE
LAND CONVEYED BY MINNIE LILLIAN BORDEN AND
WM. W. BORDEN TO CARROL CARROLL ELMER BORDEN,
BY DEED DATED FEBRUARY 3, 1912, AND RECORDED
IN BOOK 560, PAGE 478 OF DEEDS RECORDS OF SAN
DIEGO COUNTY, BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY LINE OF BORDEN LAND
NORTH 25-10'05" WEST (RECORD NORTH 250 30' WEST>
TO THE NORTHERLY LINE OF SECTION 4, TOWNSHIP
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
AS SHOWN ON SAID MAP NO. 823; THENCE WEST ALONG
SAIQ NORTH LINE TO AN INTERSECTION WITH THE
NORTHERLY PROLONGATION OF THE WESTERLY LINE
OF SAID BENTON C. CALDWELL LAND BEING A LINE
BEARING NORTH 18°20'30" WEST FROM THE ABOVE
DESCRIBED NORTHWEST CORNER OF SAID LAND.
PAGE 11 0066698
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10. EASEMENT, and incidents thereto,
In Favor of : CARLSBAD MUNICIPAL WATER DISTRICT
Recorded, Official Records: JANUARY 9, 1967
Series/Instrument No.: 2638
Purpose DRAINAGE CHANNELS
Affects' : SAID LAND. NO LOCATION SET FORTH.
11. EASEMENT, and incidents thereto,
In Favor of : CARLSBAD MUNICIPAL WATER DISTRICT
Recorded, Official Records: JANUARY 9, 1967
Series/Instrument No.: 2638
Purpose PIPE LINE
Affects : A STRIP OF LAND THE CENTER LINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 4 OF LOT D OF RANCHO AGUA
HEDIONDA; THENCE NORTH 1-46~56" EAST 2637.98
FEET TO POINT 5 OF SAID LOT D; THENCE NORTH
65-57~53" WEST 10.38 FEET; THENCE NORTH 24°02'07"
EAST 427.94 FEET; THENCE NORTH 5-14~26" EAST
287.60 FEET; THENCE NORTH 18-02~37" EAST 497.21
FEET; THENCE SOUTH 71-57'23" EAST 75.00 FEET;
THENCE NORTH 18-02~37" EAST 13.17 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 30-12"18"
EAST 300 FEET.
12. EASEMENT, and incidents thereto,
Recorded, Official Records: JANUARY 9, 1967
Series/Instrument No.: 2639
Purpose : PIPE LINES
Affects : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 7, LOT "J" OF SAID PARTITION
MAP NO. 823 OF RANCHO AGUA HEDIONDA; THENCE
NORTH 01°46'56" EAST 2637.98 FEET TO POINT
1 OF SAID LOT IIJII; THENCE NORTH 65-57~53" WEST
10.38 FEET; THENCE NORTH 24°02'07" EAST 30.00
FEET TO THE TRUE PO I NT OF BEG I NN I NG; . THENCE
SOUTH 24°02'07" WEST 50.00 FEET. REFERENCE
IS MADE TO SAID INSTRUMENT FOR MORE PARTICULARS.
13. EASEMENT, and incidents thereto,
Recorded, Official Records: JANUARY 9, 1967
Series/Instrument No.: 2640
Purpose : PIPE LINE
Affects : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 4 OF SAID LOT D AS SHOWN
ON SAID MAP 823; THENCE NORTH 01°46~56" EAST
2637.98 FEET TO POINT 5 OF SAID LOT D; THENCE
NORTH 65-57'53" WEST 10.38 FEET; THENCE SOUTH
24-02"07" WEST 20.qo FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 24-02'07" EAST 332.09
PAGE 12 0066698
" ,r Transamenoa Title Insurance Company
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE LEFT HAVING A RADIUS OF 700.00 FEET;
THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID
TANGENT CURVE THROUGH A CENTRAL ANGLE OF 18·47~41"
AN ARC DISTANCE OF 229.62 FEET; THENCE LEAVING
SAID CURVE NORTH 05·14~26" EAST 81.99 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE RIGHT HAVING A RADIUS OF 800.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF12·48~11" AN ARC DISTANCE OF
178.76 FEET; THENCE LEAVING SAID TANGENT CURVE
NORTH 18a02~37" EAST 407.45 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE
PARTICULARS.
14. EASEMENT, and i~cidents thereto,
Recorded, Official Records: JANUARY 9, 1967
Series/Instrument No.: 2641
Purpose : PIPE LINE
Affects : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 7, LOT J OF SAID PARTITION
MAP 823 OF RANCHO AGUA HEDIONDA; THENCE NORTH
01·46~56" EAST 2637.98 FEET TO POINT 1 OF SAID
LOT J; THENCE NORTH 65·57~53" WEST 10.38 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
24·02~07" WEST 956.98 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT·FOR MORE
PARTICULARS.
15. EASEMENT, and incidents thereto,
In Favor of : CARLSBAD MUNICIPAL WATER DISTRICT
Recorded, Official Records: JANUARY 9, 1967
Series/I~strument No.: 2642 AND 2645
Purpose ACCESS
Affects : NO LOCATION SET FORTH
16. EASEMENT, and incidents thereto,
Recorded, Official Records: JANUARY 9, 1967
Series/Instrument No.: 2643
Purpose : RIGHT OF WAY 20 FEET IN WIDTH TO ERECT, CONSTRUCT,
RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND
USE A PIPELINE OR PIPELINES FOR THE PURPOSE
OF CARRYING WATER
Affects : THE LANDS HEREINAFTER DESCRIBED, THE CENTER
LINE OF WHICH IS AS FOLLOWS:
BEGINNING AT POINT 7, LOT J OF SAID PARTITION
MAP 823 OF RANCHO AGUA HED I ONDA;' THENCE NORTH
01·46'56" EAST 2637.98 FEET TO POINT 1 OF SAID
LOT J; THENCE NORTH 65a57~53" WEST 10.38 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
PAGE 13 0066698
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24°02~Cl7" WEST 956.98 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE
PARTICULARS.
17. EASEMENT, and incidents thereto,
Recorded, Official Records: JANUARY 9, 1967
·Series/Instrument No.: 2644
Purpose : RIGHT OF WAY 20 FEET IN WIDTH, TO ERECT, CONSTRUCT,
RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND
USE A PIPELINE OR PIPELINES FOR THE PURPOSE
OF CARRYING WATER
Affects : THE LANDS HEREINAFTER DESCRIBED, THE CENTER
LINE OF WHICH IS AS FOLLOWS:
BEGINNING AT POINT 7, LOT 7 OF SAID PARTITION
MAP 823 OF RANCHO .AGUA HEDIONDA; THENCE NORTH
01°46"56" EAST 2637.98 FEET TO POINT 1 OF SAID
LOT J; THENCE NORTH 650 57"53" WEST 10.38 FEET;
THENCE SOUTH 240 02"07" WEST 956.98 FEET TO
A POINT HEREINAFTER REFERENCED AS POINT "A";
THE TRUE POINT OF BEGINNING; THENCE SOUTH 25°02~07"
WEST 509.04 FEET; THENCE SOUTH 280 02"53" WEST
140.23 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE RIGHT HAVING A RADIUS OF 700.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 09°06"38" AN ARC
DISTANCE OF 111.31 FEET; THENCE SOUTH 37°09~31"
WEST 595.35 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF
1000.00 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 070 10"29"
AN ARC DISTANCE OF 125.22 FEET; THENCE LEAVING
SAID TANGENT CURVE SOUTH 29°59~02" WEST 672.79
FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR MORE
PARTICULARS.
18. EASEMENT, and incidents thereto,
In Favor of : CARLSBAD MUNICIPAL WATER DISTRICT
Recorded, Official Records: JANUARY 1, 1967
Series/Instrument No.: 2646
Purpose : PIPELINES
Affects : REFERENCE IS MADE TO SAID INSTRUMENT FOR PARTICULARS
PAGE 14 0066698
· , ,r Transamenca Title Insurance Co~pany
19. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO COUNTY WATER AUTHORITY, A PUBLIC
CORPORATION
Recorded, Official Records: OCTOBER 27, 1976
Series/Instrument No.: 76-358217
Purpose' : PIPE LINE
Affects : SAID STRIP OF LAND 30 FEET IN WIDTH LYING 15
FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES,
FROM THE FOLLOWING DESCRIBED SURVEY LINE:
BEGINNING AT A CORNER IN THE SOUTHEASTERLY
BOUNDARY OF SAID LAND FORMED BY RECORD BEARINGS
NORTH 89°37~38" WEST AND NORTH 01°18~02" EAST,
SAID CORNER BEING ALSO ENGINEER~S STATION 299+10.61
BACK 299.15.25 AHEAD ON SAID SURVEY LINE; THENCE
ALONG SAID SOUTHEASTERLY BOUNDARY AND THE EASTERLY
EXTENSION THEREOF NORTH 89°37~38" WEST, RECORD)
355.58 FEET; THENCE SOUTH 00059~ EAST 15.55
FEET TO ENGINEER~S STATION 295+53.89 ON SAID
SURVEY LINE AND THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SURVEY LINE NORTH 89·31~27"
WEST, 89.92 FEET; THENCE NORTH 86-12~27" WEST,
266.80 FEET TO ENGINEER~S STATION 299+10.61
BACI<; THENCE NORTH 64-01' 01" WEST, 1, 479. 70
FEET; THENCE SOUTH 64-36~55" WEST, 282.25 FEET
TO ENGINEER'S STATION 316+77.20, THE END POINT
OF THE ABOVE DESCRIBED SURVEY LINE, SAID END
POINT BEING DISTANT THEREFROM NORTH 74-18'01"
WEST, 2,016.50 FEET FROM THE TRUE POINT OF
BEGINNING.
20. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO COUNTY WATER AUTHORITY
Recorded, Official Records: JULY 28, 1978
Series/Instrument No.: 78-319050
Purpose : PIPES AND PIPELINES
Affects SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET
ON EACH SIDE, MEASURED AT RIGHT ANGLES, FROM
THE FOLLOWING DESCRIBED SURVEY LINE, BEGINNING
AT A POINT IN THE EASTERLY BOUNDARY THEREON
NORTH 00-25'23" EAST, 15.00 FEET FROM THE SOUTHEAST
CORNER OF SAID LAKE CALAVERAS HILLS ASSOCIATES
LAND, SAID POINT BEING ENGINEER'S STATION 305+17.95
ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING.
THENCE ALONG SAID SURVEY LINE NORTH 890 30'
WEST 15.00 FEET; THENCE NORTH 04-20'5011 WEST
437.06 FEET; THENCE NORTH 40°38'21" WEST 564.57
FEET; THENCE NORTH 67-29'31" WEST 184.00 FEET;
THENCE SOUTH 74-29'3911 WEST 302.87 FEET; THENCE
NORTH 44°50'21" WEST 517.78 FEET; THENCE NORTH
56-59'04" WEST 212.79 FEET; THENCE NORTH 01-34'54"
WEST 264.64 FEET; THENCE NORTH 61-18'54" WEST
398.84 FEET; THENCE NORTH 72-29'28" WEST 148.90
PAGE 15 0066698
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FEET; THENCE SOUTH 79°29~26" WEST 290.51 FEET
TO ENGINEER"S STATION 338.65, THE END POINT
OF THE ABOVE DESCRIBED SURVEY LINE~ SAID END
POINT BEING DISTANT NORTH 51°00"20" WEST~ 2,847.57
FEET FROM THE TRUE POINT OF BEGINNING.
21. EASEMENT~ and incidents thereto,
. In Favor of : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL
WATER DISTRICT
Recorded, Official Records: NOVEMBER 17, 1978
Series/Instrument No.: 78-497734
Purpose : PIPE LINES AND UNDERGROUND CONDUITS
Affects : ALL THAT PORTION OF PARCEL 1 OF LOT "J" OF
RANCHO AGUA HEDIONDA, ACCORDING TO MAP NO.
823, RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS THE SOUTHEASTERLY
CORNER OF CARLSBAD TRACT 74-14 (A), MAP NO.
8585; THENCE NORTHEASTERLY ALONG THE PROLONGATION
OF THE SOUTHERLY BOUNDARY OF CARLSBAD TRACT
74-14 (A), MAP NO. 8585 NORTH 82°59~47" EAST
(NORTH 82°00~OO" EAST DEED) 1054.66 FEET TO
THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN
DEED FROM MINNIE LILLIAN BORDEN~ ET AL, TO
CARROLL ELMER BORDEN DATED FEBRUARY 3, 1912
AND RECORDED IN BOOI< 560, PAGE 578 OF DEEDS;
THENCE NORTH 24°20" 17" WEST (NORTH 25°30" 00"
WEST DEED) 341.50 FEET TO THE TRUE POINT OF
BEGINNING, THENCE NORTH 41°06"30" EAST 56.50
FEET; THENCE SOUTH 48°53"30" EAST 20.00 FEET;
THENCE SOUTH 41°06"30" WEST 65.64 FEET; THENCE
NORTH 24°20" 17" WEST 21. 99 FEET TO THE TRUE
POINT OF BEGINNING.
22. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO COUNTY WATER DISTRICT, A PUBLIC CORPORATION
Recorded~ Official Records: JUNE 13, 1979
Series/Instrument No.: 79-243270
Purpose PUBLIC UTILITY
Affects : A STRIP OF LAND 30 FEET WIDE IN THAT CERTAIN
PORTIN OF LOT D OF THE SUBDIVISION OF RANCHO
AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON MAP 823, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1896, UNDER FILE
NO. 73-332778, OFFICIAL RECORDS OF SAID COUNTY,
SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET
ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM
THE FOLLOWING DESCRIBED SURVEY LINE:
BEGINNING AT A POINT IN THE SOUTH BOUNDARY
OF SA·ID BOWKER LAND~ DISTANT THEREON NORTH
PAGE 16 0066698
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89-10'49" WEST~ SOUTH 89-13'50" EAST, RECORD
1,699.04 FEET FROM THE SOUTHEAST CORNER OF
SAID BOWKER LAND~ SAID POINT BEING ENGINEER'S
STATION 33+12.33 ON SAID SURVEY LINE AND THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID
SURVEY LINE NORTH 61-18'54" WEST, 113.26 FEET;
THENCE NORTH 72-29'28" WEST, 148.90 FEET; THENCE
SOUTH 79-29·26" WEST, 290.51 FEET TO ENGINEER'S
STATION 338+65, THE END POINT OF THE ABOVE
DESCRIBED SURVEY LINE, SAID END POINT BEING
DISTANT NORTH 88-11'11" WEST, 2,226.98 FEET
FROM THE POINT OF BEGINNING.
23. EASEMENT, and incidents thereto~
In Favor of : COSTA REAL MUNICIPAL WATER DISTRICT
Recorded, Official Records: JANUARY 25, 1980
Series/Instrument No.: 80-029382
Purpose : PIPELINES, INCLUDING BUT NOT LIMIT~D TO, CONDUITS
AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION
PURPOSES, INGRESS AND EGRESS, AND THE RIGHT
TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM
EXPLOSIVES, BUILDING AND STRUCTURES
Affects : A STRIP OF LAND 40.00 FEET IN WIDTH, LYING
10.00 FEET ON THE NORTHEAST SIDE AND PARALLEL
WITH, AND 30.00 FEET ON THE SOUTHWEST SIDE
AND PARALLEL WITH~ AND A CONSTRUCTION EASEMENT
OF 60.00 FEET IN WIDTH LYING 20.00 FEET ON
THE NORTHEAST SIDE AND PARALLEL WITH, AND 40.00
FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE CENTERLINE OF A
30 FOOT EASEMENT, SAID POINT IDENTIFIED AS
"END STATION 338.65~ PER SAN DIEGO COUNTY WATER
AUTHORITY TRI-AGENCIES WATER TRANSMISSION PIPELINE
LANDS AND RIGHT MAP; THENCE LEAVING SAID POINT
AND 30 FOOT EASEMENT, NORTH 65-53·21/1 WEST,
489.85 FEET MORE OR LESS TO A LINE WHICH BEARS
NORTH 24-06'39" EAST (RECORD NORTH 24-06·39"
EAST BEING THE CENTERLINE OF A COSTA REAL MUNICIPAL
WATER DISTRICT 20 FOOT WIDE EASEMENT. SAID
TERMINATION POINT LYING SOUTHWEST OF POINT
5, LOT D OF SAID SUBDIVISION AND TIED BY FOLLOWING
COURSES: NORTH 24-06.3611 EAST ALONG EASEMENT
OF COSTA REAL MUNICIPAL WATER DISTRICT 31.91
FEET MORE OR LESS; THENCE SOUTH 65-53·21" EAST
(RECORD SOUTH 65-57·53" EAST> 10.38 FEET TO
SAID POINT 5, LOT D.
THE SIDELINES OF SAID WATER MAIN AND CONSTRUCTION
EASEMENT SHALL BE PROLONGED OR SHORTENED SO
AS TO TERMINATE ON THE NORTHWESTERLY END AT
THE CENTERLINE OF COSTA REAL MUNICIPAL WATER
DISTRICT EASEMENT WHICH BEARS NORTH 24-06·39/1
EAST AND ON THE SOUTHEASTERLY END OF EASEMENT
PAGE 17 0066698
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.AT "END STATION 338+65" ON A LINE WHICH BEARS
SOUTH 10·30~32" EAST.
24. EASEMENT, and incidents thereto,
In Favor of : LAKE CALAVERA HILLS ASSOCIATES. A LIMITED PARTNERSHIP, . ET AL .
Recorded, Official Records: MARCH 26, 1980
·Series/lnstrLlment No.: 80-102576 AND 80-102577
Purpose : ACCESS
Affects : A STRIP OF LAND 102.00 FEET WIDE, BEING THE
PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND
THE CENTER LINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
COMMENDING AT THE SOUTHWESTERLY CORNER OF MIF:A
COSTA MESA UNIT NO.5, ACCORDING TO MAP THEREOF
NO. 7151 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 29,
1971; THENCE ALONG THE SOUTHERLY LINE OF SAID
MAP NO. 7151; NORTH 89·i8~35" EAST, 31.12 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
38°59~OO" EAST, 25.26 FEET TO THE BEGINNiNG
OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 75055~53"
A DISTANCE OF 1325.25 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 36°56~53" WEST, 909.25
FEET TO THE BEGINNING OF A TANGENT 1000.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 070 15"54" A DISTANCE OF
126.80 FEET TO THE MOST EASTERLY CORNER OF
PARCEL i-A OF SAID CERTIFICATE OF COMPLIANCE;
THENCE TANGENT TO SAID CURVE SOUTH 290 40'59"
WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID
PARCEL 1-A; THENCE CONTINUING SOUTH 29040'59"
WEST, 353.67 FEET TO THE BEGINNING OF A TANGENT
1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTER ANGLE OF 53·54~38" A
DISTANCE OF 940.92 FEET TO A POINT OF ACCESS
TO PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE.
SAID EASEMENT TO TERMINATE NORTHERLY IN THE
SOUTHERLY LINE OF SAID MAP NO. 7151.
ALSO:
A STRIP OF LAND 102.00 FEET IN WIDTH, BEING
THE PROPOSED EXTENSION OF ELM AVENUE, AND THE
CENTER LINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID
PARCEL l-A SAID CERTIFICATE OF COMPLIANCE AS
SAID CORNER IS DESCRIBED IN ACCESS F.HSEMENT
PAGE 18 0066698
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ABOVE; THENCE SOUTH 29"40~59" WEST~ 586.52
FEET TO THE FSGINNING OF A TANGENT 1000.00
FOOT RADIUS CURVE~ CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 13°32'52" A DISTANCE OF
236.45 FEET TO THE CENTER LINE INTERSECTION
WITH ELM AVENUE PROPOSED EXTENSION AND BEING
THE TRUE POINT OF BEGINNING; THENCE NORTH 73°51'53"
WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT
1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35°45"19" A DISTANCE
OF 606.59 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 71°22'48" WEST~ 825.88 FEET TO THE CENTER
LINE INTERSECTION WITH TAMARACK AVENUE PROPOSED
EXTENSION AND BEING A POINT OF ACCESS TO SAID
PARCEL 1-A OF CERTIFICATE OF COMPLIANCE. SAID
EASEMENT TO TERMINATE SOUTHEASTERLY IN THE
CENTER LINE OF ACCESS EASEMENT PARCEL A ABOVE.
25. DEED OF TRUST for the original amount shown below~ and
any other amounts payable under the terms thereof.
Original Amount: $2~000~000.00
Dated : MARCH 5, (NO YEAR SHOWN)
Recorded~ Official Records: MARCH 26, 1980
Series/Instrument No.: 80-102578
Trustor : TREETOPS UNLIMITED~ A JOINT VENTURE COMPOSED
OF FINANCIAL SCENE INCORPORATED, A CALIFORNIA
CORPORATION AND PACIFIC SCENE, INC., A CALIFORNIA
CORPORATION
Trustee : UNION BANK, A CALIFORNIA CORPORATION
Beneficiary: UNION BANK, A CALIFORNIA CORPORATION
THE ABOVE ITEM AFFECTS THIS AND OTHER PROPERTY.
AN AGREEMENT,
Agreement Type: AMENDMENT AGREEMENT
Executed By : TREETOPS UNLIMITED AND UNION BANK
Recorded, Official Records: MARCH 9, 1981
Series/Instrument No.: 81-083528
AN AGREEMENT~
Agreement Type: AMENDMENT AGREEMENT
Executed By : TREETOPS UNLIMITED AND UNION BANK .
Recorded~ Official Records: NOVEMBER 5, 1981
Series/Instrument No.: 81-351166
AN AGREEMENT,
Agreement Type: AMENDMENT AGREEMENT
Executed By : TREETOPS UNLIMITED AND UNION BANK
Recorded, Official Records: SEPTEMBER 29, 1982
Series/Instrument No.: 82-300975
PAGE 19 0066698
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AN AGREEMENT,
Agreement Type: AMENDMENT AGREEMENT
E}teCL\ted By : TREETOPS UNLIMITED AND UNION BANI<
Recorded~ Official Records: SEPTEMBER 30~ 1983
Series/Instrument No.: 83-351350
26. EASEMENT~ and incidents thereto~
. In Favor of : TREETOPS UNLIMITED~ A JOINT VENTURE, COMPOSED
OF FINANCIAL SCENE INCORPORATED~ A CALIFORNIA
CORPORATION AND PACIFIC SCENE~ INC.~ A CALIFORNIA
CORPORATION
Recorded, Official Records: NOVEMBER 20, 1980
Series/Instrument No.: 80-377476
Purpose INGRESS AND EGRESS
Affects : AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE
OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT
"D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896~ LYING WITHIN A STRIP
OF LAND 102.00 FEET WIDE, BEING THE PROPOSED
EXTENSION OF COLLEGE BOULEVARD~ AND THE CENTER
LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA
COSTA MESA UNIT NO.5, ACCORDING TO MAP THEREOF
NO. 7151~ FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 29,
1971; THENCE ALONG THE SOUTHERLY LINE OF SAID
MAP NO. 7151, NORTH 89-18~35" EAST 31.12 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
38-59~00" EAST 25.25 FEET TO THE BEGINNING
OF A TANGENT 1000.00 FOOT RADIUS CURVE~ CONCAVE
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 75-55"53"
A DISTANCE OF 1325.25 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 36°6~53" WEST 909.25 FEET
TO THE BEGINNING OF A TANGENT 1000.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 7°15~54" A DISTANCE OF 126.80
FEET TO THE MOST EASTERLY CORNER OF PARCEL
1-A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY
22~ 1980 AS INSTRUMENT NO. 80-024454; THENCE
TANGENT TO SAID CURVE SOUTH 290 49"59" WEST
232.85 FEET TO A POINT OF ACCESS TO· SAID PARCEL
1-A; THENCE CONTINUING SOUTH ~9-4(F 59" WEST
187.15 FEET TO AN ANGLE POINT IN SAID PARCEL
1-A, BEING THE POINT OF TERMINATION.
EXCEPTING THEREFROM ANY PORTION NOT LYING WITHIN
THE LANDS OF THE GRANTOR HEREIN.
PAGE 20 0066698
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SAID MATTER WAS RECORDED IN VARIOUS INSTRUMENTS OF RECORD.
27. EASEMENT, and incidents thereto,
In Favor of : LAKE CALAVERAS HILLS ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP
Recorded, Official Records: JULY 27, 1981
Series/Instrument No.: 81-236324
. Purpose : PRIVATE STREET/ROAD, INGRESS AND EGRESS
Affects : PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES
OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT
"D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY NOVEMBER 16, 1896, LYING WITHIN A STRIP
OF LAND 102.00 FEET WIDE, BEING THE PROPOSED
EXTENSION OF COLLEGE BOULEVARD, AND ~HE CENTER
LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA
MESA UNIT NO.5, ACCORDING TO MAP THEREOF NO.
7151, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE
ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151,
NORTH 89°18~35" EAST, 31.12 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 38°59~OO"
EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT
1000.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 75°55~53" A DISTANCE
OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 36°56~53" WEST, 909.25 FEET TO THE BEGINNING
OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
7·15~54" A DISTANCE OF 126.80 FEET TO THE MOST
EASTERLY CORNER OF PARCEL i-A OF CERTIFICATE
OF COMPLIANCE RECORDED JANUARY 22, 1980, AS
INSTRUMENT NO. 80-024454; THENCE TANGENT TO
SAID CURVE SOUTH 29·4b~59" WEST, 232.85 FEET
TO A POINT OF ACCESS TO SAID PARCEL i-A; THENCE
CONTINUING SOUTH 290 40"59" WEST, 187.15 FEET
TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING
THE POINT OF TERMINATION.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY 102.00 FEET IN
WIDTH LYING WITHIN LOTS D AND J OF SAID RANCHO
AGUA HEDIONDA, THE CENTER LINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS: .
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL
PAGE 21 0066698
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1 DESCRIBED ABOVE; THENCE ALONG THE SOUTHERLY
LINE OF SAID LAND AS FOLLOWS; NORTH 730 51"53"
WEST 155.70 FEET TO THE BEGINNING OF A 1000.00
FOOT RADIUS CURVE CONCAVE SOUTHERLY~ AND WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 34°45~19" A DISTANCE OF 606.59 FEET;
AND TANGENT THERETO SOUTH 71°22'48" WEST 825.88
TO POINT "A" BEING THE POINT OF TERMINATION.
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE
OVER ALL THAT PORTION OF LOTS J AND E OF SAID
RANCHO AGUA HEDIONDA 84.00 FEET IN WIDTH~ THE
CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT POINT "X" AS DESCRIBED IN PARCEL
3 ABOVE; THENCE SOUTH 18°37'12" EAST 273.62
FEET TO THE BEGINNING OF A TANGENT 1000 FOOT
RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°19'32" A DISTANCE OF 58i.64 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 14°42'20"
WEST 138.57 TO THE BEGINNING OF A TANGENT 600.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 22°17'40" A DISTANCE OF
241.45 FEET; THENCE TANGENT THERETO SOUTH 37°00'00"
WEST 702.00 FEET TO THE BEGINNING OF A 1000
FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15°47'30" A DISTANCE OF
275.62 FEET; THENCE TANGENT THERETO~ SOUTH
21°12'30" WEST 344.15 FEET TO POINT OF TERMINATION.
28. EASEMENT, and incidents thereto~
In Favor of : SAN DIEGO GAS AND ELECTRIC COMPANY~ A CORPORATION
Recorded, Official Records: OCTOBER 8, 1981
Series/Instrument No.: 81-320410
Purpose 1. UNDERGROUND FACILITIES AND APPURTENANCES
Affects
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
2. PIPELINES AND APPURTENANCES FOR ANY AND
ALL PURPOSES
THE EASEMENT IN THE AFORESAID LANDS SHALL BE
8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED
AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
COMMENDING AT THE MOST NORTHERLY CORNER OF
CARLSBAD TRACT NO. 76-12, CALAVERA HILLS ACCORDING
TO MAP THEREOF NO. 9935, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY OF SAN
DIEGO, THENCE ALONG THE NORTHWESTERLY PROLONGATION
PAGE 22 0066698
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OF THE NORTHEASTERLY BOUNDARY THEREON NORTH
60037~32" WEST, 43.55 FEET; THENCE LEAVING
SAID NORTHWESTERLY PROLONGATION NORTH 29°20~01"
EAST, 500.39 FEET TO THE TRUE POINT OF BEGINNING
OF THE CENTER LINE HEREIN DESCRIBED; THENCE
FROM SAID TRUE POINT OF BEGINNING SOUTH 25°05~20"
WEST, 140.79 FEET; THENCE SOUTH 34°24"25" WEST,
50.63 FEET TO THE BEGINNING OF A NON-TANGENT
100.00 FOOT RADIUS CURVE CONCAVED SOUTHEASTERLY,
A RADIAL LINE OF SAID CURVE BEARS NORTH 26053'07"
WEST; THENCE SOUTHWESTERLY ~LONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 48°24~41"
A DISTANCE OF 84.49 FEET.
29. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO GAS AND EkECTRIC COMPANY
Recorded, Official Records: JULY 15, 1981
Series/Instrument No.: 81-222452
Purpose : POLES, WIRES, CABLES AND APPURTENANCES FOR
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
UNDERGROUND FACILITIES AND APPURTENANCES FOR
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
PIPELINES AND APPURTENANCES FOR ANY AND ALL
PURPOSES, COMMUNICATION FACILITIES, OVERHEAD
AND/OR UNDERGROUND AND APPURTENANCES
Affects : A STRIP OF LAND 3.00 FEET IN WIDTH AS SHOWN
ON THE ATTACHED EXHIBIT "A"
30. EASEMENT, and incidents thereto,
In Favor of : CITY OF CARLSBAD
Recorded, Offici~l Records: JANUARY 8, 1982
Series/Instrument No.: 82-005688
Purpose : PUBLIC STREET/ROAD
Affects : A PARCEL OF LAND BEING A PORTION OF LOT J AND
A PORTION OF LOT E, BOTH AS SHOWN ON MAP NO.
823 ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT, SAID POINT BEING POINT
7 OF SAID LOT J AS SHOWN ON SAID MAP NO. 823;
THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF
SAID LOT J NORTH 89025" 10" WEST (NORTH 89°22~ 33"
WEST PER DEED) 1791.41 FEET; THENCE LEAVING
SAID BOUNDARY LINE, SOUTH 00-34~50" WEST 45.58
FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 00°34"50" WEST 238.44 FEET; THENCE NORTH
21°12"30" EAST 455.72 FEET TO THE BEGINNING
OF A TANGENT 958.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE, NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
15°47~30" A DISTANCE OF 264.04 FEET TO A POINT
TO WHICH A RADIAL LINE BEARS SOUTH 53-00'00"
EAST; THENCE NORTH 37°00'00" EAST 702.00 FEET
TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS
PAGE 23 0066698
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CURVE CONCAVE NORTHWESTERLY; THENCE, NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 10-53~ 10" A DISTANCE OF 121. 98 FEET
TO A POINT TO WHICH A RADIAL LINE BEARS NORTH
63-53~ 10" WEST, THENCE NORTH 63-53~ 10" WEST
84.00 FEET TO THE BEGINNING OF A TANGENT 558.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE,
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 10-53~10" A DISTANCE OF
106.02 FEET TO A POINT TO WHICH A RADIAL LINE
BEARS NORTH 53DOO~OO" WEST; THENCE SOUTH 37-00'00"
WEST 702.00 FEET TO THE BEGINNING OF A TANGENT
1042.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 150 47'30" A DISTANCE
OF 287.19 FEET TO A POINT TO WHICH A RADIAL
LINE BEARS SOUTH 68°47~30" EAST, THENCE SOUTH
21·12~30" WEST 232.57 FEET TO THE TRUE POINT
OF BEGINNING.
31. DEED OF TRUST for the original amount shown below, and
any other amounts payable under the terms thereof.
Original Amount: $2,800,000.00
Bated : AUGUST 24, 1982
Recorded, Official Records: SEPTEMBER 10, 1980
Series/Instrument No.: 82-282031
Trustor : CEDRIC E. SANDERS, A MARRIED MAN AS HIS SOLE
AND SEPARATE PROPERTY
Trustee CALIFORNIA GENERAL MORTGAGE SERVICE, INC., A
CORPORATION
Beneficiary: GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION,
A CORPORATION
The above item affects: PORTION SAID LAND
32. AGREEMENT on the terms and conditions contained therein.
Purpose : ESTOPPEL AND CONSENT AGREEMENT
Executed by: GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION,
A FEDERAL ASSOCIATION, ET AL
Recorded, Official Records: SEPTEMBER 10, 1982, OFFICIAL
RECORDS
Series/Instrument No.: 82-282032
33. DEED OF TRUST for the original amount shown below, and
any other amounts payable under the terms thereof.
Original Amount: $2,890,000.00
Dated : AUGUST 16, 1982
Recorded, Official Records: SEPTEMBER 10, 1982
Series/Instrument No.: 82-282033
Trustor : CEDRIC E. SANDERS, A MARRIED MAN
Trustee : TRANSAMERICA TITLE INSURANCE COMPANY, A CALIFORNIA
CORPORATION
Beneficiary: LAKE CALAVERA HILLS ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP
PAGE 24 0066698
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The above item affects: PORTION SAID LAND
ASSIGNMENT of the beneficial interest under said deed
of trust by instrument:
Recorded, Official Records: SEPTEMBER 10, 1982
Seri~s/Instrument No.: 82-282035
ASSignee DON N. BOWKER, TRUSTEE OF THE MARTHA KILLEFER
TRUST, UNDER TRUST AGREEMENT DATED FEBRUARY
27, 1962
AN AGREEMENT,
Agreement Type: ESTOPPEL AND CONSENT AGREEMENT
Executed By : LAKE CALAVERA HILLS" ASSOCIATES, A CALIFORNIA
LIMITED PARTNERSHIP
Recorded, Official Records: SEPTEMBER 10, 1982
Series/Instrument No.: 82-282034
34. DEED OF TRUST for the original amount shown below, and
any other amounts payable under the terms thereof.
Original Amount: $18,390,000.00
Dated : AUGUST 17, 1982
Recorded, Official Records: SEPTEMBER 10, 1982
Series/Instrument No.: 82-282036
Trustor : CEDRIC E. SANDERS
Trustee : TRANSAMERICA TITLE INSURANCE COMPANY
Beneficiary: VERNON SAVINGS & LOAN ASSOCIATION
AN AGREEMENT,
Agreement Type: RENEWAL, MODIFICATION AND EXTENSION AGREEMENT
Dated : AUGUST 16, 1983
Executed By : CEDRIC E. SANDERS AND VERNON SAVINGS &
LOAN ASSOCIATION, A TEXAS SAVINGS AND
LOAN ASSOCIATION
Recorded, Official Records: " DECEMBER 5, 1983
Series/Instrument No.: 83~440353
35. AN ASSIGNMENT OF CONTRACTS AND SALES PROCEEDS EXECUTED
BY CEDRIC E. SANDERS, ASSIGNOR AND VERNON SAVINGS & LOAN
ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION, ASSIGNEE,
RECORDED SEPTEMBER 10, 1982, AS INSTRUMENT NO. 82-282038
AS ADDITIONAL SECURITY FOR THE ABOVE DEED OF TRUST.
36. EASEMENT, and incidents thereto,
In Favor of : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
Recorded, Official Records: OCTOBER 6, 1982
Series/Instrument No.: 82-307675
Purpose : 1. POLES, WIRES, CABLES AND APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
2. UNDERGROUND FACILITIES AND APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
3. COMMUNICATION FACILITIES, OVERHEAD AND/OR
UNDERGROUND AND APPURTENANCES.
Affects : THE EASEMENT IN THE AFORESAID LANDS SHALL BE
12.00 FEET IN WIDTH, BEING 6.00 FEET MEASURED
AT RIGHT ANGLES ON EACH srDE OF THE FOLLOWING
PAGE 25 0066698
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DESCRIBED CENTER LINE:
COMMENCING AT THE MOST NORTHERLY CORNER OF
CARLSBAD TRACT NO. 76-12, CALAVERA HILLS, ACCORDING
TO MAP THEREOF NO. 9935, FILED IN SAID COUNTY
RECORDER~S OFFICE; SAID CORNER BEARS NORTH
60-37"32" WEST, 250.22 FEET FROM AN ANGLE POINT
IN THE BOUNDARY THEREIN; THENCE LEAVING SAID
MOST NORTHERLY CORNER NORTH 24°53~48" EAST,
410.81 FEET TO THE TRUE POINT OF BEGINNING
OF THE CENTER LINE HEREIN DESCRIBED; THENCE
FROM SAID TRUE POINT OF BEGINNING NORTH 80°53'55"
EAST, 334.40 FEET.
ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING;
THENCE NORTH 74°13'00" WEST, 621.10 FEET.
ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING:
THENCE SOUTH 03°00~OOIl WEST, 25.00 FEET.
37. EASEMENT, and incidents thereto,
In Favor of : CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: NOVEMBER 19, 1982
Series/Instrument No.: 82-357616
Purpose ROAD EASEMENT
Affects : THAT PORTION SAID LAND LYING WITHIN TAMARACK
AVENUE AND GLASGOW DRIVE
. 38. EASEMENT, and incidents thereto,
In Favor of : COSTA REAL MUNICIPAL WATER DISTRICT
Recorded, Official Records: NOVEMBER 23, 1982
Series/Instrument No.: 82-362089
Purpose : A PIPELINE OR PIPELINES
Affects PARCEL I -PERMANENT PIPELINE EASEMENT
A 30-FOOT STRIP OF LAND LYING NORTHERLY AND
AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING
DESCRIBED LINE:
PARCEL A -PERMANENT PIPELINE EASEMENT
BEGINNING AT A POINT ON THE CENTERLINE OF A
30.00-FOOT WIDE EASEMENT, SAID POINT BEING
DESCRIBED AS "ENGINEER'S STATION 338+64. SAID
EASEMENT AS DESCRIBED IN DEED RECORDED JUNE
13, 1979, UNDER FILE NO. 79-243270 IN SAID
COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID
CENTERLINE ALONG THE Wl;:STERLY TERMINATION LINE
OF SAID EASEMENT SOUTH 10-30'34" EAST 15.00
FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT
AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
79°00'01" WEST 62.80 FEET TO THE CENTERLINE
INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE,
SAID INTERSECTION AS SHOWN ON CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 22, 1980, UNDER
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FILE NO. 80-024459 (CASE NO. 422, CITY OF CARLSBAD);
THENCE ALONG THE CENTERLINE OF ELM AVENUE PER
SAID CERTIFICATE NORTH 73°51~53" WEST 155.70
FEET TO THE BEGINNING OF A TANGENT 1,000-FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG
SAtD CENTERLINE OF ELM AVENUE THROUGH A CENTRAL
ANGLE OF 34°45~19" AN ARC DISTANCE OF 606.59
FEET; THENCE SOUTH 71°22~48" WEST 825.88 FEET
TO THE CENTERLINE INTERSECTION OF TAMARACK
AVENUE AND ELM AVENUE, SAID INTERSECTION BEING
A POINT ON THE EASTERLY BOUNDARY LINE OF PARCEL
lA PER SAID CERTIFICATE OF COMPLIANCE, SAID
LINE BEARS NORTH 18°37~12" WEST, SAID INTERSECTION
POINT AND EASTERLY BOUNDARY LINE BEING THE
TERMINATION POINT OF PARCEL "A".
PARCEL II -EXCAVATION AND EMBANKMENT SLOPE
EASEMENTS TO FACILITATE DRAINAGE CONTROL, ACCESS,
AND CONSTRUCTION OF PERMANENT PIPELINES.
A 160-FOOT WIDE STRIP OF LAND LYING 60 FEET
SOUTHERLY AND 100 FEET NORTHERLY OF THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT A POINT ON THE CENTERLINE OF A
30.00-FOOT WIDE EASEMENT, SAID POINT BEING
DESCRIBED AS "ENGINEER~S STATION 338+65".
SAID EASEMENT AS DESCRIBED IN DEED RECORDED
JUNE 13, 1979, UNDER FILE NO. 79-243270 IN
SAID COUNTY RECORDER~S OFFICE; THENCE LEAVING
SAID CENTERLINE ALONG THE WESTERLY TERMI~ATION
LINE OF SAID EASEMENT SOUTH 1'0-30"34" EAST
15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID
EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE
SOUTH 79000 ~ 01" WEST 62. 80 FEET TO THE CENTEF:L I NE
INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE,
SAID INTERSECTION AS SHOWN ON CERTIFICATE OF
COMPLIANCE RECORDED JANUARY 22, 1980, UNDER
FILE NO. 80-024459 (CASE NO. 422, CITY OF CARLSBAD);
THENCE ALONG THE CENTERLINE OF ELM AVENUE PER
SAID CERTIFICATE NORTH 73°51~53" WEST 155.70
FEET TO THE BEGINNING OF A TANGENT 1,OOO-FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG
SAID CENTERLINE OF ELM AVENUE THROUGH A CENTRAL
ANGLE OF 34045"19" AN ARC DISTANCE OF 606.59
FEET; THENCE SOUTH 71022"48 11 WEST 825.88 FEET
TO THE CENTERLINE INTERSECTION OF TAMARACK
AVENUE AND ELM AVENUE, SAID INTERSECTION BEING
A POINT ON THE EASTERLY BOUNDARY ,LINE OF PARCEL
lA PER SAID CERTIFICATE OF COMPLIANCE, SAID
LINE BEARS NORTH 18°37~12" WEST, SAID INTERSECTION
POINT AND EASTERLY BOUNDARY LINE BEING THE
TERMINATION POINT OF PARCEL "A".
PAGE 27 0066698 .
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39. EASEMENT, and incidents thereto,
In Favor of : COSTA REAL MUNICIPAL WATER DISTRICT
Recorded, Official Records: NOVEMBER 23, 1982
Series/Instrument No.: 82-362090
Purpose.
Affects
: PIPELINE OR PIPELINES
: BEGINNING AT A POINT IN THE NORTHEASTERLY BOUNDARY
OF LOT 1 OF CARLSBAD TRACT NO. 76-12, MAP NO.
9935, AS FILED IN THE OFFICE OF THE RECORDER
OF SAID COUNTY, SAID POINT BEING THE SOUTHEASTERLY
TERMINUS OF THAT CERTAIN LINE DESIGNATED AS
NORTH 60°37'32" WEST, 250.22 FEET, SAID POINT
BEING THE POINT OF BEGINNING.
PARCEL 1
A 20.00-FOOT STRIP OF LAND LYING 10 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE, SAID STRIP BEING A PORTION OF LOT
"J II:
BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING;
THENCE NORTH 32°12"30" EAST, 928.83 FEET, TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 18°37"12"
WEST, 38.95 FEET, TO A POINT OF TERMINUS OF
PARCEL 1.
PARCEL 2
A 20.00-FOOT STRIP OF LAND LYING 10 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
. CENTERLINE, SAID STRIP BEING A PORTION OF LOT
tlJ":
BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING;
THENCE NORTH 32°56"35" EAST, 944.83 FEET, TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 18°37"12"
WEST, 659.92 FEET, TO A POINT OF TERMINUS OF
PARCEL 2, SAID TERMINUS BEING ALSO THE CENTERLINE
OF ELM AVENUE.
PARCEL 3
A 20.00-FOOT STRIP OF LAND LYING 10 FEET ON
EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED
CENTERLINE, SAID STRIP BEING A PORTION OF LOT
IIDIt :
BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING;
THENCE NORTH 48°46" 46" EAST, 1591. 34 FEET,
TO THE TRUE POINT OF BEGINNING, BEING A POINT
ON THE ARC OF A NON-TANGENT 1015-FOOT RADIUS
CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID
CURVE BEARS SOUTH 82°51"04" WEST; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23°17"03" A DISTANCE OF 412.48 FEET TO THE
PAGE 28 0066698
,r Transamenca Title Insurance Company
POINT OF TERMINUS OF PARCEL 3, A RADIAL LINE
TO SAID POINT OF TERMINUS BEARS NORTH 73°51~53"
WEST, SAID POINT OF TERMINUS BEING ALSO THE
CENTERLINE OF ELM AVENUE.
40. EASEMENT, and incidents thereto,
In Favor of : COSTA REAL MUNICIPAL WATER DISTRICT
-Recorded, Official Records: NOVEMBER 23, 1982
Series/Instrument No.: 82-362091
Purpose PIPELINE OR PIPELINES
Affects : PARCEL I -PERMANENT PIPELINE EASEMENT
A 50-FOOT STRIP OF LAND LYING NORTHERLY AND
AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING
DESCRIBED LINE:
PARCEL C -PERMANENT PIPELINE EASEMENT
BEGINNING AT A POINT ON THE CENTERLINE OF A
30.00-FOOT WIDE EASEMENT, SAID POINT BEING
DESCRIBED AS "ENGINEER~S STATION 338+65".
SAID EASEMENT AS DESCRIBED IN DEED RECORDED
JUNE 13, 1979, UNDER FILE NO. 79-243270 IN
SAID COUNTY RECORDER~S OFFICE; THENCE LEAVING
SAID CENTERLINE ALONG THE WESTERLY TERMINATION
LINE OF SAID EASEMENT SOUTH 10030~34" EAST
15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID
EASEMENT; THENCE SOUTH 83°03~43" WEST 62.00
FEET MORE OR LESS TO THE CENTERLINE INTERSECTION
OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION
AS SHOWN ON CERTIFICIATE OF COMPLIANCE RECORDED
JANUARY 22, 1980, UNDER FILE NO. 80-024459
(CASE NO. 422, CITY OF CARLSBAD>; THENCE ALONG
THE CENTERLINE OF ELM AVENUE PER SAID CERTIFICATE
NORTH 73051"53" WEST 155.70 FEET TO THE BEGINNING
OF A TANGENT 1,OOO-FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE ALONG SAID CENTERLINE OF
ELM AVENUE THROUGH A CENTRAL ANGLE OF 34°45~19"
AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH
71022"48" WEST 825.88 FEET TO THE CENTERLINE
INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE,
SAID INTERSECTION BEING A POINT ON THE EASTERLY
BOUNDARY LINE OF PARCEL 1A PER SAID CERTIFICATE
OF COMPLIANCE, SAID LINE BEARS NORTH 18°37~12"
WEST; THENCE CONTINUING ALONG THE CENTERLINE
OF ELM AVENUE PER CERTIFICATE SOUTH 71°22~48"
WEST 300.00 FEET TO A POINT PF INTERSECTION;
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH
76°28~15" WEST 940.87 FEET TO POINT OF INTERSECTION
WITH THE WESTERLY BOUNDARY LINE OF SAID PARCEL
lA, SAID INTERSECTING BOUNDARY LINE BEARS NORTH
24°25"10" WESTS, SAID POINT OF INTERSECTION
BEING THE TRUE POINT OF BEGINNING PARCEL C;
THENCE LEAVING SAID CENTERLINE OF ELM AVENUE
SOUTH 85-09"39" WEST 472.74 FEET MORE OR LESS
PAGE 29 0066698
,r Transamenca Title Insurance Company
TO A POINT ON THE SOUTHWESTERLY LINE OF LAND
DESCRIBED IN DEED TO CARROLL ELMER BORDEN~
RECORDED FEBRUARY 3, 1912, BOOK 560, PAGE 478
OF DEEDS, SAID LINE BEARS NORTH 24022~57" WEST
(PER CARLSBAD TRACT NO. 74-14(A), MAP 8585,.
BOUNDARY LINE BEARS NORTH 24020' 17/1 WEST),
SAID POINT ON SOUTHWESTERLY LINE BEING ALSO
THE TERMINATION POINT OF A 20-FOOT WIDE EASEMENT
GRANTED TO COSTA REAL MUNICIPAL WATER DISTRICT
ON JANUARY 9, 1979, FILE NO. 79-009449, SAID
POINT ALSO BEING THE POINT OF TERMINATION OF
PARCEL C.
TOGETHER WITH A STRIP OF LAND 50.00 FEET IN
WIDTH, LYING SOUTHERLY AND NORTHERLY OF THE
ABOVE DESCRIBED LAND FOR SLOPE PURPOSES.
41. EASEMENT, and incidents thereto,
In Favor of : CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: FEBRUARY 22, 1983
Series/Instrument No.: 83-055520
Purpose GENERAL UTILITY AND ACCESS EASEMENT
Affects : ALL THAT PORTION OF LOT "0" OF RANCHO AGUA
HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823 AS FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER
16, 1896, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 15.00 FEET WIDE LYING 7.50
FEET ON EACH SIDE OF AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE NORTHEASTERLY BOUNDARY
OF LOT 1 OF CARLSBAD TRACT NO. 76-12, MAP NO.
9935 AS FILED IN THE OFFICE THE RECORDER OF
SAID COUNTY ON DECEMBER 16, 1980, SAID POINT
BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN
LINE DESIGNATED AS NORTH 60°37'32" WEST 250.22
FEET; THENCE, NORTH 79°05~53" EAST 1533.39
FEET TO THE TRUE POINT OF BEGINNING; THENCE,
NORTH 65°46"20" EAST 30.00 FEET TO THE POINT
OF TERMINUS.
PAGE 30 0066698
,r Transamenca Title Insurance Company
42~ EASEMENT~ and incidents thereto~
In Favor of : COSTA REAL MUNICIPAL WATER DISTRICT, A MUNICIPAL
WATER DISTRICT
Recorded~ Official Records: APRIL 25, 1983
Series/Instrument,No.: 83-131591
Purpose' : A PIPELINE OR PIPELINES
Affects PARCEL 1
A STRIP OF LAND 15.00 FEET IN WIDTH LYING EASTERLY
OF THE FOLLOWING DESCRIBED WESTERLY SIDELINE:
BEGINNING AT THE MOST NORTHERLY CORNER OF MAP
9935~ ON FILE IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, OF SAID STATE, SAID CORNER
BEING A POINT ON THE EASTERLY RIGHT-OF-WAY
OF TAMARACK AVENUE AS SHOWN ON SAID MAP 9935;
THENCE NORTH 63°53~10» WEST, 42.00 FEET TO
A POINT IN THE ARC OF A NON-TANGENT 600.00-FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
TO SAID POINT BEARS SOUTH 63053~10" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 11·24~30" A DISTANCE OF
119.47 FEET; THENCE NORTH 14·42~20" EAST, 138.57
FEET TO THE BEGINNING OF A TANGENT 1,OOO.OO-FOOT
RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°19~32" A DISTANCE OF 581.64 FEET;
THENCE NORTH 18037 ~ 12» WEST, 63. 12 FEET TO
A POINT HEREIN DESCRIBED AS POINT "A"; THENCE
CONTINUING NORTH 18037'12" WEST, 210.50 FEET;
THENCE SOUTH 71-22~48" WEST, 233.32 FEET TO
THE BEGINNING OF A TANGENT 1,500.00-FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 05-05~26" A DISTANCE OF 133.27 FEET; THENCE
SOUTH 76·28~14" WEST~ 749.26 FEET TO THE BEGINNING
OF A TANGENT 700.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF l1D47~33"
A DISTANCE OF 144.07 FEET, SAID POINT BEING
A RAD I AL WH I CH BEARS SOUTH 01 0 44. 13" EAST;
THENCE LEAVING SAID CURVE NORTH 24°25~10" WEST,53.69
FEET TO THE TRUE POINT OF BEGINNING OF SAID
WESTERLY SIDELINE, SAID TRUE POINT OF BEGINNING
ALSO BEING A POINT ON THE SOUTHERLY SIDELINE
OF A 20.00-FOOT EASEMENT TO COSTA REAL MUNICIPAL
WATER DISTRICT~ SUCCESSOR IN INTEREST TO CARLSBAD
MUNICIPAL WATER DISTRICT, BY DOCUMENT NO. 2646,
RECORDED JANUARY 9, 1967, OF OFFICIAL RECORDS;
THENCE RETRACING SOUTH 24-25·10" EAST, 69-.27
FEET; THENCE SOUTH 10-48~01" EAST, 19.81 FEET
TO THE POINT OF TERMINUS.
PARCEL 2
PAGE 31 0066698
,r Transamenca Title Insurance Company
A STRIP OF LAND 15.00 FEET IN WIDTH LYING NORTHERLY
OF THE FOLLOWING DESCRIBED SOUTHERLY SIDELINE.
BEGINNING AT THE ABOVE-DESCRIBED POINT "A";
THENCE NORTH 71°22"48" EAST, 72.33 FEET TO
THE POINT OF TERMINUS, SAID POINT OF TERMINUS
ALSO BEING A POINT. ON THE SOUTHERLY SIDELINE
OF A 20.00-FOOT EASEMENT TO COSTA REAL MUNICIPAL
WATER DISTRICI, SUCCESSOR IN INTEREST TO CARLSBAD
MUNICIPAL WATER DISTRICT, BY DOCUMENT NO. 2646,
RECORDED JANUARY 9, 1967, OF OFFICIAL RECORDS.
43. EASEMENT, and incidents thereto,
In Favor of : CITY OF CARLSBAD
Recorded, Official Records: JUNE 14 1983
Series/Instrument No.: 83-198643
Purpose SEWER EASEMENT PURPOSES
Affects A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50
FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING AT THE SOUTHEAS'r CORNER OF PARCEL
AS SHOWN ON PARCEL MAP 11908, ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
OF SAID STATE; THENCE, ALONG THE EASTERLY BOUNDARY
LINE OF SAID PARCEL A, NORTH 0-34"50" EAST
350.08 FEET; THENCE, LEAVING SAID EASTERLY
BOUNDARY LINE AT RIGHT ANGLE TO SAID EASTERLY
BOUNDARY LINE, SOUTH 89-25"10" EAST 11.88 FEET
TO THE TRUE POINT OF BEGINNING; THENCE, NORTH
31-30"00" EAST 56.50 FEET TO THE BEGINNING
OF A TANGENT 200 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE, NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 22-00"00",
A DISTANCE OF 76.79 FEET; THENCE, NORTH 9-30"00"
EAST 224.21 FEET; THENCE, NORTH 24-33"02" WEST
116.16 FEET TO THE POINT OF TERMINUS.
44. AGREEMENT on the terms and conditions contained therein.
Purpose : AGREEMENT FOR PAYMENT OF A PUBLIC FACILITIES
FEE
Dated MAY 31, 1983
E>:ecuted by: CEDRIC E. SANDERS AND THE CITY OF CARLSBAD,
A MUNICIPAL CORPORATION
Recorded, Official Records: JULY 19, 1983
Series/Instrument No.: 83-246852
45. AGREEMENT on the terms and conditions contained therein.
Purpose : PAYMENT OF A PUBLIC FACILITIES FEE
Dated : JULY 29, 1983
Executed by: CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY
AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: AUGUST 22, 1983
Series/Instrument No.: 83-295239
PAGE 32 0066698
,r Transamenca Title Insurance Company
46. AGREEMENT on the terms and conditions contained therein.
Purpose : PAYMENT OF A PUBLIC FACILITIES FEE
Dated : JULY 19, 1983
Executed by: CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY
, AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: AUGUST 22, 1983
Series/Instrument No.: 83-295240
47. EASEMENT, and incidents thereto,
In Favor of : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: FEBRUARY 13, 1984
Series/Instrument No.: 84-053117
Purpose : EASEMENT FOR PUBLIC STREET PURPOSES PLUS ADJACENT
SLOPE AND EMBANKMENT RIGHTS
Affects ALL THAT PORTION SAID LAND LYING WITHIN ELM
AVENUE AND VICTORIA AVENUE
48. EASEMENT, and incidents thereto,
In Favor of : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: FEBRUARY 13, 1984
Series/Instrument No.: 84-053118
Purpose PUBLIC STREET PURPOSES
Affects : PORTION OF SAID LAND LYING WITHIN TAMARACK
AVENUE AND ELM AVENUE
49. EASEMENT, and incidents thereto,
In Favor of : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION
Recorded, Official Records: MARCH 12, 1984
Series/Instrument No.: 84-088881
Purpose : AN EASEMENT FOR DRAINAGE PURPOSES
Affects : BEING A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO~
STATE,OF CALIFONRIA, MAP NO. 823, FILED IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY,
SAID PORTION BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF CARLSBAD
TRACT NO. 74-4, MAP NO.' 10128; THENCE ALONG
THE EASTERLY BOUNDARY 'OF SAID MAP AS SHOWN
ON RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE
OF THE RECORDER OF SAID COUNTY, NORTH 24°25'15"
WEST 1057.83 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID BOUNDARY NORTH 65°34~45"
EAST 180.00 FEET; THENCE NORTH 24°25'15" WEST
15.00 FEET; THENCE SOUTH 650 34'45" WEST 180.00
FEET TO THE AFOREMENTIONED EASTERLY BOUNDARY;
THENCE ALONG SAID BOUNDARY SOUTH 24°25~15"
EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 33 0066698
,r Transamenoa Title Insurance Company
50. AGREEMENT on the terms and conditions contained therein.
Purpose : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY
OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES
FEE
Dated : MAY 7, 1984
Executed by: CEDRIC L. SANDERS DBA CALAVERA HILLS COMPANY
AND THE CITY OF CARLSBAD, A MUNICIPAL CORPROATION
-Recorded, Official Records: JUNE 11, 1984
Series/Instrument No.: 84-217348
Unless shown in the body of this preliminary report there
appears of record no transfers or agreements to transfer
the land described herein recorded during the period of
six months prior to the date of this report, except as
follows:
---NONE---
F'AGE 34 0066698
POOR
QUALITY
ORIGINALeS)
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ASSESSOR'S MAP
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MAP 823 -RHO AGUA HEDIONDA
ROS 630 J 9336
1 .4---.t-
PARCEL 1
AN EASEMENT FOR AN ACCESS ROAD LYING WITHIN A STRIP OF LAND 40
FEET IN WIDTH IN A PORTION OF PARCEL MAP NO. 11908, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACC~RDING
TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL MAP NO. 11908;
THENCE ALONG THE SOUTH LINE THEREOF NORTH 89° 25' 10" WEST, 38.80
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 11 ° 33' 17"
EAST, 21.00 FEET: THENCE NORTH 00° II' 22" WEST, 144.00 FEET;
THENCE NORTH 17° 43' 40" WEST, 30.00 FEET; THENCE NORTH 17° 02'
00" EAST, 163.60 FEET TO THE EAST LINE OF SAID .. PARCEL MAP NO.
11908.
SAID STRIP BEGINS IN SAID SOUTH LINE AND ENDS IN SAID EAST LINE
ABOVE MENTIONED.
PARCEL 2
AN EASEMENT FOR AN ACCESS ROAD LYING WITHIN A STRIP OF LAND 40
FEET IN WIDTH IN LOT liE II OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THE CENTERLINE OF SAID STRIP OF LAND BEING DE-
SCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL MAP NO. 11908 FILED
IN SAID COUNTY RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE
THEREOF NORTH 89° 25' 10" WEST, 38.80 FEET TO THE TRUE POINT OF
BEG INNING; THENCE SOUTH 11 ° 33' 17" WEST, 44.00 FEET; THENCE
SOUTH 13° 53' 31" WEST, 194.00 FEET; THENCE SOUTH 53° 11' 30"
EAST, 21.00 FEET TO THE WESTERLY LINE OF TAMARACK AVENUE, 84 FEET
WIDE, AS SAID AVENUE NOW EXISTS.
SAID STRIP OF LAND BEGINS IN SAID SOUTH LINE AND ENDS IN SAID
WESTERLY LINE ABOVE MENTIONED.
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Transamerica Title
Insurance Company
HOME OFFICE
600 Montgomery Street
"San FrancIsco, California 94111
(415) 983-4400
Arizona Division
3250 South Fair Lane
Tempe, Arizona 85282
(602) 829-2500
Northern California Division
1825 Mt. Diablo Boulevard
Walnut Creek, California 94596
(415) 935-8050
Southern California Division
888 North Main Street
Santa Ana, California 92701
(714) 547-9571
Colorado Division
1800 Lawrence Street
Denver, Colorado 80202
(303) 291-4800
Eastern Division
15 West Main Street
Somerville, New Jersey 08876
(201) 722-9777
Michigan Division
33762 SChoolcraft Road
Livonia, Michigan 48150
(313) 425-2500
Oregon Division
12360 East Burnside
Portland, Oregon 97216
(503) 256-1160
Texas Division
Allied Bank Plaza
1000 Louisiana Street, SUite 1110
Houston, Texas 77002
(713) 650-3541
Washington-Alaska Division 'v Park Place
Sixth Avenue at University Street
Seattle, Washington 98101
(206) 628-4650
Guarantee
Issued by
Transamerica Title
Insurance Company
,r 1~~:e~~~enca
Transamerica Title
Insurance Company
Alameda County
6850 Regional Street, Dublin
Contra Costa County
1821 Mt. Diablo Boulevard, Walnut Creek
Fresno County
516 West Shaw Avenue, Fresno
Kern County
1100 Chester Avenue, Bakersfield
Los Angeles County
Third and La Cienega, Los Angeles
Merced County
630 West Nineteenth Street, Merced
Orange County
830 North Main Street, Santa Ana
•
Riverside County
756 East Highland Avenue, San Bernardino
Sacramento County
1500 River Park Drive, Sacramento
San Bernardino County
756 East Highland Avenue, San Bernardino
San Diego County
4355 Ruffin Road, San Diego
San Francisco County
701 Montgomery Street, San Francisco
San Mateo County
802 Brewster Avenue, Redwood City
Santa Clara County
90 North First Street, San Jose
Solano County
1070 North Texas Street, Fairfield
Sonoma County
435 E Street, Santa Rosa
Stanislaus County
3137 McHenry Avenue, Modesto
CLTA Guarantee
(2-1-68)
FEE FOR GUARANTEE $ 50.00 LIABILITY $ 10 0 • 0 0 ORDER No_ 66698A
TRANSAMERICA TITLE INSURANCE COMPANY
a corporation, herein called the Company,
GUARANTEES
The City of Carlsbad
herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason
of any incorrectness in the assurances set forth in Schedule A_
LIABILITY EXCLUSIONS M'D LIMITATIONS
L No guarantee is given nor liability assumed with respect to the identity of any party named or referred te> in Schedule A or with
respect to the validity, legal effect or priority of any matter shown therein_
2_ The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon
the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above.
Dated February 7, 1984at 7:00 AM o'clock
TRANSAMERICA TITLE I
by
CL T A Guarantee
Form No. 12 (2·1·68)
LOT BOOK GUARANTEE
The assurances referred to on the face page are:
SCHEDULE A
That, according to the Company's property records relative to the following described real property (but without examination
of those Company records maintained and indexed by name) :
See exhibit !'An
. . " . A Grant deed executed in
f A. The lltst .recordecLins.t;umeo,t gJ,lrpo!j:mg to transfer title, to sal.,d real property IS:, b d d d d avor 01: Clt:y 01: Carl.~Daa, a ~~unlClpal. Corporatlon y ee recor e January
20, 1982 as instrurr,ent No. 82-016366 as to Parcell; and Taffiarack Point
_Venture,_a Joint Venture cOffiprised of G1enfed Deve10pffient'Corp., a CaLlIorni
Corporation and The Woodward COffipanies, Inc., a California Corporation by
deed recorded April 3, 1984 as instrUffient No. 84-120704 as TO" Parcel 2
B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below under
Exceptions.
No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided for above,
and, if information was requested by reference to a street address, no guarantee is made that said real property is the same as said
address.
Exceptions:
1. Deed of Trust for the:' ·original affiount shown below and any other
SUffiS payable under the terffiS thereof,
Original affiount: $3,200,000
Dated: March 27, 1984
Instruffient No: 84-120705 Official Records
Trustor: Taffiarack Point Venture, a Joint Venture cOffiprised of G1enfed
Developffient Corp., a California Corporation and The Woodward COffipanies,
Inc., a California Corporation
Trustee: First Affierican Title Insurance COffipany, a California Corporation
Beneficiary: Virginia K. Robertson, Trustee UDT Dated 10-8-76 and Virginia
Robertson, a Married WOffian each as to an undivided 1/2 interest
Said ffiatter affects Parcel 2 with other property
Parcel One:
All that portion of Parcel A of Parcel Map No. 11908, in the City
of Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, lying within a
strip of land 40.00 feet in width, the center line of which is
described as follows:
Beginning at the Southeast corner of said Parcel Map No. 11908;
thence along the South line thereof, North 89°25'10" West 38.80
feet to the TRUE POINT OF BEGINNING; thence North 11°33'17" East
21.00 feet; thence North 00°11'22" West 144.00 feet; -thence North
17°43'40" West 30.00 feet; thence North 17°02'00" East 163.60 feet
to the East Line of said Parcel No. 11908.
Parcel Two:
All that portion of Lot E of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
Map thereof No. 823, filed in the Office of the County Recorder
of San Diego County, Noverr~er 16, 1896, lying within a strip of
land 40.00 feet in width, the center line of which is described
as follows:
Beginning at the Southeast corner of Parcel Map No. 11908, filed
in the Office of the County Recorder of San Diego County; thence
along the South line thereof North 89°25'1011 West-_38.80 feet to the
TRUE POINT OF BEGINNING HEREIN; thence South 11°33'17" West 44.00
feet; thence South 13°53 1 31" West 194.00 feet; thence South
53°11'30" East 21.00 feet to the Westerly boundary of Taffiarack
Avenue, 84 feet wide as said avenue now exists.
Attachment to
Guarantee Form No. 23
1-13-18, One Page
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this Guarantee mean:
(a) "land": the land described, specifically or by refere~ce, in
this Guarantee and improvements affixed thereto which by
law constitute real property;
(b) "public records": those records which impart constructive
notice of matters relating to said land;
(c) "date": the effective date;
(d) "the Assured": the party or parties named as the Assured
in this Guarantee, or in a supplemental writing executed by
the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason
of the following:
(a) Taxes or assessments which are not ~hown as e,xisting liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
(b) Unpatented mining claims; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water
rights, claims or title to water.
(c) Title to any property beyond the lines of the land expressly
described in the description set forth in this Guarantee, or
title to streets, roads, avenues, lan,es, ways <;>r ,,:,aterwa~s
on which such land abuts, or the right to mamtal~ therem
vaults, tunnels, ramps or any other st.ructure or Improve-
ment· or any rights or easements therem unless such prop-
erty, ~ights or easements are expressly and specifically set
forth in said description, I (d) Defects, liens, encumbrances, adverse claims against the
.i title as guaranteed or other matters (1) created, suffered,
assumed or agreed to by one or more of the Assured; or (2)
resulting in no loss to the Assured.
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost to institute
and prosecute any action or proceeding or do a~y other
act which in its opinion may be necessary or deSirable to
establish or confirm the matters herein guaranteed; and the
Company may take any appropriate action under the terms
of this Guarantee whether or not it shall be liable there-
under and shall not thereby concede liability or waive any
provision hereof,
(b) In all cases where the Company does so institute and
prosecute any action or proceeding, the Assured shall
permit the Company to use, at its option, the name of the
Assured for such purpose. Whenever requested by the
Company, the Assured shall giv~ the Compan~ all reason-
able aid in prosecuting such action or proceedmg, and the
Company shall reimburse the Assured for any expense so
incurred.
4. NOTICE OF LOSS-LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is
claimed the Company is liable under this Guarantee shall be
furnished to the Company within sixty days afte~ such losS, or
damage shall have been determined, and no right of action
shall accrue to the Assured under this Guarantee until thirty
days after such statement shall have been furnished, and no
recovery shall be had by the Assured under ,thi,s Guarantee
unless action shall be commenced thereon Wlthm t"'":o years
after expiration of said thirty day period. Failure to fur~lsh ~u~h
statement of loss or damage or to commence such actlo~ wlthm
the time hereinbefore specified, shall be a c,oncluslve b~r
against maintenance by the Assured of any actIon under thiS
~ Jarantee,
'0PTION TO PAY, SETTLE OR COMPROMISE CLAIMS
The Company shall have the option to payor settle, or cO,m-
promise for or in the name of the Assured any claIm whl~h
could result in loss to the Assured within the coverage of thl~
Guarantee, or to pay the full amount, of this Guarantee or, If
this Guarantee is issued for the benefit of a holder of a mort-
gage, the Company shall have the option to purchase the
indebtedness secured by said mortgage. Such purchase, pay-
ment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the
event after notice of claim has been given to the Company by
the Assured the Company offers to purchase said indebtedness,
the owner of such indebtedness shall transfer and assign said
indebtedness and the mortgage securing the same to the
Company upon payment of the purchase price.
6. LIMITATION OF LIABILITY-PAYMENT OF LOSS
(a) The liability of the Company under this Guarantee shall be
limited to the amount of actual loss sustained by the As-
sured because of reliance upon the assurances herein set
forth, but in no event shall such liability exceed the amount
of the liability stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured
in litigation carried on by the Company for the Assured,
and all costs and attorneys' fees in litigation carried on
by the Assured with the written authorization of the
Company
(c) No claim for damages shall arise or be maintainable under
this Guarantee (1) if the Company after having received
notice of an alleged defect, lien or encumbrance not shown
as an Exception or excluded herein removes such defect,
lien or encumbrance within a reasonable time after receipt
of such notice, or (2) for liability voluntarily assumed by the
Assured in settling any claim or suit without written con-
sent of the Company.
(d) All payments under this Guarantee, except for attorneys'
fees as provided for in paragraph 6(b) hereof, shall reduce
the amount of the liability hereunder pro tanto, and no
payment shall be made without prodUCing this Guarantee
for indorsement of such payment unless the Guarantee be
lost or destroyed, in which case proof of such loss or
destruction shall be furnished to the satisfaction of the
Company.
(e) When liability has been definitely fixed in accordance with
the conditions of this Guarantee, the loss or damage shall
be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this
Guarantee, all right of subrogation shall vest in the Company
unaffected by any act of the Assured, and it shall be subro-
gated to and be entitled to all rights and remedies which the
Assured would have had against any person or property in
respect to such claim had this Guarantee not been issued. If
the payment does not cover the loss of the Assured, the
Company shall be subrogated to such rights and remedies in
the proportion which said payment bears to the amount of said
loss. The Assured if requested by the Company, shall transfer
to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation,
and shall permit the Company to use the name of the Assured
in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT
Any action or actions or rights of action that the Assured may
have or may bring against the Company ariSing out of the
subject matter hereof must be based on the provisions of this
Guarantee.
No provision or condition of th.ls Guarantee can be waived or
changed except by a writing endorsed or attached hereto
signed by the President. a Vice PreSident, the Secretary, an
Assistant Secretary or other validating officer of the Company.
9. NOTICES, WHERE SENT
All notices required to be given the Company and any state-
ment in writing required to be furnished the Company shall be
addressed to it, (to be completed by each Company to fill its
own needs).
10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS
THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION
AND FOR THIS GUARANTEE.
90~r)1
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i9,-LETTER OF TRANSMITTAL
raCIIC
Scene,lnc.
DATE:
TO: Citvof C.Arlsbi'lc1
l?QQ Rlm AVAnllA
ATTN: Mike Howse -Planninq Departrrfmt
RE:
NO.OF
ITEMS
1
1
Calavera Hills Recreational Vehicle Park
DESCRIPTION
Articles of Incorporation
Bvlaws
THIS TRANSMITTAL IS:
Anril 17. 1985
FOR YOUR ACTION
PER YOUR REQUEST
FOR YOUR INFORMATION --'XX~_
FOR YOUR APPROVAL
GENERAL REMARKS: ,
:.,
MAILED DELIVERED XX ------------------~~--------
COPIES TO:
BY: Jay Summers, Vice PresidentjProiect ~Bnag~r
PICKED UP BY:
3900 Harney Street, San Diego, California 92110 (619) 299-5100
tel •
PROPERTY MANAGEMENT CONSULTANTS, INC.
P. O. BOX 3118 ESCONDIDO, CA 92025 .
SAN DIEGO 695-1605 NORTH COUNTY 471-1616 NORTH. COUNTY COAS ,"fit:3',1"., ~. ,. (.' ','
February 13, 1987 1\<0 \
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Vincent Biondo
City Attorney's Office
1200 Elm Avenue
Carlsbad, CA 91008
ie<'> :-,
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Re: Cal avera Hills Recreation Vehicle Park Corporation
Dear Mr. Biondo,
This letter is written on behalf of the Board of Directors of the Recrea-
tion Vehicle Park Corporation.
Enclosed please find a copy of the Articles of Incorporation and Bylaws,
as prepared by the offices of McDonald, Hecht & Solberg on behalf of
Pacific Scene, Inc., for the above referenced Corporation, in order to
comply with the requirements of the City of Carlsbad.
Property Management Consultants, Inc., has recently undertaken the task,
under contract, of managing the affairs of the Calavera Hills Recreation
Vehicle Park Corporation. The six Qualifying Organizations are currently
represented through election of Officers at Annual Meeting held December
10, 1986. However, due to various obstacles encountered; the R.V. Park,
itself, will actually begin operations as of March 1, 1987.
The six homeowners associations, currently involved, are questioning the
right of the R.V. Corporation to assess Qualifying Organizations, as ref-
erenced in Article V, Section 5.2, Sub-Paragraph (F), in the event that
fees charged for use of the facility are insufficient to pay costs. Con-
versation with Alex C. McDonald, incorporator verifies information
previously received, that the R.V. Park was to be designed to be self-
supporting and that the assessment portion of the documents, was not
an inclusion required by the City Attorney's office.
Controversy has now arisen among the six member Associations as to their
individual homeowners' right to use of the facility on an established
per fee basis, should the Qualifying Organization itself refuse to be sub-
ject to assessment~ The primary concern is, of course, that the fees
charged for use of the facility not be sufficient to cover the costs of
the corporation, on a month-to-month basis, due to a possible high rate of
vacancy.
It is requested, at this time, that you provide further clarification of
the City's requirement, intent and any associated responsibility, includ-
ing financial obligation, if any, in connection with operations of the
R.V. facility.
Vincent ;Biondo
February 13, 1987
Page two
Additionally, Article XI, entitled AMENDMENTS, prohibits the Board from
amending these Bylaws, without the prior written approval of the City
Attorney. The Board would appreciate an opinion on the position of the
City, concerning the feasibility of amending the Bylaws to:
Allow the Corporation to lease space to homeowners residing out-
side of the Calavera Hills Master Plan (MP-150(F» area, if
necessary, to generate sufficient income to meet it's expenses.
Reduce the minimum number of directors required (6), in the event
that a Qualifying Association fail to appoint such individual,
(see Article V, Section 5.3) and/or
Allow a Qualifying Association to appoint more than one director
to the Board, if necessary to meet the minimum requirements of
directors for the Corporation (See Article V, Section 5.4) until
such time as the Calavera Hills Master Plan area include more than
six Homeowners' Associations.
Your time and attention to this matter is most appreciated.
Sincerely, s~~f4~"-
Association Manager
cc: Board of Directors
CJP/jm
enc.
.~ ~~.
f I , . \
I, MARCH FONG EU, Secretary of State of the State
of California, hereby certify:
That the annexed transcript has been compared with
the record on file in this office, of which it purports to be
a copy, and that same is full, true and correct.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
Secretary of State
.<
85 92937
, . l
.i
ARTICLES OF INCORPORATION
OF
CALAVERA HILLS RECREATIONAL VEHICLE PARK
I
1281468
ENDORSED
FILED
In ,he oHic. 0' the Secretury of St0:0
of 1M SlOte 9' CQlif9mio
JUL251985
MARCH FONG EU, Secretary of State
Leslie Glenn
Depu1y
The name of this corporation is CALAVERA HILLS RECREATIONAL
VEHICLE PARK.
II
A. The corporation is a nonprofit mutual benefit corpora-
tion organized under the Nonprofit Mutual Benefit Corporation
Law. The purpose of the corporation is to engage in any lawful
act or activity for which a corporation may be organized under
such Law.
B. The specific purpose of the corporation is to own and
operate a storage facility for recreational and other vehicleso
III
The name and address in the State of California of the cor-
poration's initial agent for service of .process is: JAY SUMMERS Q
3900 Harney Street, San Diego, California 92110.
IV
Notwithstanding any of the above statements of purposes and
powers, the corporation shall not, except .to an insubstantial
-1-
degree, engage in any activities or exercise any powers that are
not in furtherance of the specific purposes of the corporation.
DATED: July 24, 1985 lsi Alex C. McDonald
ALEX C. McDONALD, Incorporator
I hereby declare that I am the person who executed the
foregoing Articles of Incorporation, which execution is my act
and deed.
/s/ Alex C. McDonald
ALEX C. McDONALD
-2-
BYLAWS
OF
CALAVERA HILLS RECREATIONAL VEHICLE PARK
a California Nonprofit Mutual Benefit Corporation
ARTICLE I
NAME ANE LOCATION
The name of the corporation is CALAVERA HILLS RECREATIONAL
VEHICLE PARK. The principal office of the corporation is located
in the County of San Diego, California.
ARTICLE II
DEFINITIONS
Section 2.1. "Articles" mean the Articles of Incorporation
of the Corporation as they may be amended.
Section 2.2. "Board" means the board of directors of the
Corporation.
Section 2.3. "Bylaws" mean the Bylaws of the Corporation as
they may be amended.
Section 2.4. "City" means the City of Carlsbad, California,
a municipal corporation.
Section 2.5. "Corporation" means CALAVERA HILLS RECREATIONAL
VEHICLE PARK, a California nonprofit mutual benefit corporation.
Section 2.6. "Qualifying Organization" means any California
nonprofit mutual benefit corporation which is established and
maintained as a homeowners association, the members of which are
the owners of real property located within that portion of the
City of Carlsbad, California, which is within the CALAVERA HILLS
Master plan (MP-150(F» approved by the City Council of the City
of Carlsbad, California, on February 21, 1984 by Ordinance No.
9708.
ARTICLE III
PURPOSES
Section 3.1. General Purpose. The general purpose of the
Corporation is to engage in any lawful act or activity for which
-1-
a corporation may be organized under the California Nonprofit
Mutual Benefit Corporation Law.
section 3.2. Specific purpose. The specific purpose of the
Corporation is to own, manage, operate and maintain (a) a storage
area for recreational and other vehicles for the use by members
of each Qualifying Organization, as defined in Section 2.6 ot the
Bylaws, and (b) such other facilities as are deemed necessary by
the City. The Corporation may operate the storage area on land
owned or leased by it, or on land over which an easement for such
purposes has been granted to the Corporation. The Corporation
may impose fees and charges for the use of its facilities, and
may adopt and enforce rules and regulations for the use of its
facilities, as the Board deems appropriate.
section 3.3. City of Carlsbad Control. The City shall have
the authority, but not the obligation, to provide for the mainte-
nance of the storage area owned or managed by the Corporation if
the City Council of the City determines that such action is
necessary to protect the public welfare. Any costs incurred by
the City in providing maintenance for the storage area shall be
reimbursed to the City by the Corporation upon demand.
ARTICLE IV
MEMBERS
The Corporation shall have no members.
ARTICLE V
DIRECTORS
Section 5.1. General Powers. Subject to the prov1s10ns and
limitations of the California Nonprofit Mutual Benefit Corpora-
tion Law and any other applicable laws, and subject to any limi-
tations in the Articles and Bylaws, the Corporation's activities
and affairs shall be managed, and all corporate power shall be
exercised, by or under the Board's direction.
section 5.2. specific Powers. without prejudice to the
general powers set forth in Section 5.1 above, but subject to the
same limitations, the Board shall have the power to:
(a) Appoint and remove at the pleasure of the Board all
the Corporation's officers, agents and employees; prescribe
powers and duties for them that are consistent with the law, with
the Articles and Bylaws; and fix their compensation and require
from them security for faithful performance of their duties.
-2-
(b) Change the principal office or the principal busi-
ness office in California from one location to another; cause the
Corporation to be qualified to conduct its activities in any
other state, territory, dependency or country; conduct its acti-
.vities within or outside California.
(c) Adopt and use a corporate seal; and alter the
forms of the seal.
(d) Borrow money and incur indebtedness on behalf of
the Corporation and cause to be executed and delivered for the
Corporation's purposes, in the corporate name, promissory notes,
bonds, debentures, deeds of trust, mortgages, pledges, hypothe-
cations, and other evidences of debt and securities.
(e) Determine and charge fees for the use of facilities
owned or managed by the Corporation.
(f) In the event fees charged for the use of the faci-
lities of the Corporation are insufficient to pay the costs of
the Corporation, the Corporation may assess each Qualifying
Organization to raise funds to pay the costs. The assessment to
each Qualifying Organization shall not exceed that proportion of
the total assessment which is equal to a fraction, the numerator
of which is the number of residential units the owners of which
are members of the Qualifying Organization, and the denominator
of which is the number of residential units the owners of which
are members of all Qualifying Organizations.
section 5.3. Number and Qualifications of Directors. The
Board shall consist of at least but no more than
directors until changed by amendment to the Bylaws. The -e-x-a-c~t
number of directors shall be fixed, within those limits, by a
resolution adopted by the Board. The qualifications for director
are that the director be a member of a Qualifying Organization
as defined in section 2.6 of the Bylaws.
section 5.4. Designation and Term of Office. Each director
shall be designated by the board of directors of the Qualifying
Organization of which the person is a member. No Qualifying
Organization may appoint more than one director to the Board.
Each director shall hold office until the next annual meeting of
the Board and a successor has been designated and has qualified.
Section 5.5. Vacancies on Board. A vacancy on the Board
shall exist on the occurrence of the following:
(a) The death or resignation of any director.
-3-
(b) The declaration by resolution of the Board of a
vacancy in the office of a director who has been declared of
unsound mind by an order of court or convicted of a felony.
(c) Notification from a Qualifying Organization which
designated the director that the director is removed from the
Board.
(d) The increase in' the authorized number of directorso
(e) The failure of a Qualifying Organization to
designate a director.
Section 5.6. Resignations. Any director may resign by
giving written notice to the Board. The resignation shall be
effective when the notice is given unless it specifies a later
time for the resignation to become effective.
Section 5.7. Reduction of Number of Directors. No reduction
of the authorized number of directors shall have the effect of
removing any director before that director's term of office
expires.
ARTICLE VI
DIRECTOR'S MEETINGS
Section 6.1. Place of Meeting. Meetings of the Board shall
be held within San Diego County, California, at a place desig-
nated by resolution of the Board or in the notice of meeting.
Any meeting may be held by conference telephone or similar com-
munication equipment as long as all directors participating in
the meeting can hear each other. All such directors are deemed
to be present in person at such meeting.
Section 6.2. Annual Meeting. The Board shall hold a regular
meeting on the second Tuesday of March of each year for purposes
of organization, election of officers and the transaction of
other business. Notice of the annual meeting shall be given as
for a special meeting of directors.
Section 6.3. Other Regular Meetings. Other regular meetings
of the Board may be held without notice at such place and time as
the Board may fix.
Section 6.4. Special Meetings. special meetings of the
Board for any purpose may be called at any time by the presidentv
any vice president or the secretary, or any two (2) directors.
Notice of the time and place of special meetings shall be given
to each director by one of the following methods: (a) by per-
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'e
sonal delivery of written notice; (b) by first-class mail,
postage prepaid; (c) by telephone, either directly to the direc-
tor or to a person at the director's office who would reasonably
be expected to communicate that notice promptly to the director;
or (d) by telegram, charges prepaid. All such notices shall be
given or sent to the director's address or telephone number as
shown on the records of the Corporation. Notices sent by first-
class mail shall be deposited in the United states mails at least
four (4) days before the time set for the meeting. Notices given
by personal delivery, telephone or telegraph shall be delivered,
telephoned or given to the telegraph company at least forty-eight
(48) hours before the time set for the meeting. The notice shall
state the time of the meeting and the place, if the place is
other than the principal office of the Corporation. It need not
specify the purpose of the meeting.
Section 6.5. Quorum. A majority of the number of directors
then in office shall constitute a quorum for the transaction of
business, except to adjourn. Every action taken or decision made
by a majority of the directors present at a duly held meeting at
which a quorum is present shall be the act of the Board, subject
to the more stringent provisions of the California Nonprofit
Mutual Benefit Corporation Law, including, without Limitation,
those provisions relating to (a) approval of contracts or trans-
actions between the Corporation and one or more directors or
between the Corporation and any entity in which a director has a
material financial interest; (b) creation of and appointments to
committees of the Board; and (c) indemnification of directors. A
meeting at which a quorum is initially present may continue to
transact business, despite the withdrawal of directors, if any
action taken or decision made is approved by at least a majority
of the required quorum for that meeting.
section 6.6. Waiver of Notice. Notice of a meeting need not
be given to any director who, either before or after the meeting,
signs a waiver of notice, a written consent to the holding of the
meeting or an approval of the minutes of the meeting. The waiver
of notice or consent need not specify the purpose of the meeting.
All such waivers, consents and approvals shall be filed with the
corporate records or made a part of the minutes of the meetings.
Notice of a meeting need not be given to any director who attends
the meeting and does not protest, before or at the commencement
of the meeting, the lack of notice to him or her.
section 6.7. Adjournment. A majority of the directors pre-
sent, whether or not a quorum is present, may adjourn any meeting
to another time and place. Notice of the time and place of
holding an adjourned meeting need not be' given unless the origi-
nal meeting is adjourned for more than twenty-four (24) hours.
If the original meeting is adjourned for more than twenty-four
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(24) hours, notice of any adjournment to another time and place
shall be given, before the time of the adjourned meeting, to the
directors who were not present at the time of the adjournment.
section 6.8. Action without a Meeting. Any action that the
Board is required or permitted to take may be taken without a
meeting if all members of the Board consent in writing to that
action. Action by written consent shall have the same force and
effect as any other validly approved action of the Board. All
such consents shall be filed with the minutes of the proceedings
of the Board.
section 6.9. Compensation and Reimbursement. Directors may
receive such compensation, if any, for their services, and such
reimbursement of expenses as may be determined by Board resolu-
tion to be just and reasonable as to the Corporation at the time
the resolution is adopted.
ARTICLE VII
COMMITTEES OF THE BOARD
section 7.1. Committees of the Board. The Board, by resolu-
tion adopted by a majority of the directors then in office, pro-
vided a quorum is present, may create one or more committees,
each consisting of two (2) or more directors and no persons who
are not directors, to serve at the pleasure of the Board.
Appointments to committees of the Board shall be by majority vote
of the directors then in office. The Board may appoint one or
more directors as alternate members of any committee, who may
replace any absent member at any meeting. Any committee, to the
extent provided in the Board resolution, shall have all the
authority of the Board except that no committee, regardless of
Board resolution, may:
(a) Fill vacancies on the Board or on any committee
that has the authority of the Board.
(b) Fix compensation of the directors for serving on
the Board or on any committee.
(c) Amend or repeal Bylaws or adopt new Bylaws.
(d) Amend or repeal a Board resolution which by its
express terms is not so amendable or repealable.
(e) Create any other committees of the Board or appoint
the members of committees of the Board.
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section 7.2. Meetings and Actions of Committees. Meetings
and actions of committees of the Board shall be governed by, held
and taken in accordance with, the provisions of the Bylaws con-
cerning meetings and other Board actions, except that the time
for regular meetings of such committees and calling of special
meetings of such committees may be determined either by Board
resolution, or if there is none, by resolution of the committee.
Minutes of each meeting of any committee of the Board shall be
kept and shall be filed with the corporate records. The Board
may adopt rules for the government of any committee that are con-
sistent with the Bylaws or, in the absence of rules adopted by
the Board, the committee may adopt such rules.
ARTICLE VIII
OFFICERS
section 8.1. Officers of the Corporation. The officers of
the Corporation shall be a president, a vice president, a secre-
tary and a chief financial officer. The Corporation may also
have, at the Board's discretion, more vice presidents, one or
more assistant secretaries, one or more assistant treasurers and
such other officers as may be appointed in accordance with
Section 8.3 of the Bylaws. Any number of offices may be held by
the same person.
section 8.2. Election of Officers. The officers of the
Corporation, except those appointed under Section 8.3 of the
Bylaws, shall be chosen annually by the Board and shall serve at
the pleasure of the Board.
Section 8.3. Other Officers. The Board may appoint and may
authorize the presIdent or other officer to appoint any other
officers that the Corporation may require. Each officer so
appointed shall have the title, hold office for the period, have
the authority, and perform the duties specified in the Bylaws or
determined by the Board.
Section 8.4. Removal of Officers. An officer may be removed
with or without cause by the Board and, if the officer was not
chosen by the Board, by any officer on whom the Board may confer
the power of removal.
Section 8.5. Resisnation of Officers. Any officer may
resign at any time by giving written notice to the Corporation.
The resignation shall be effective as of the date the notice is
received or at any later time specified in the notice and, unless
otherwise specified in the notice, the resignation need not be
accepted to be effective.
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section 8.6. Vacancies. A vacancy in any office because of
death, resignation, removal, disqualification or any other cause
shall be filled in the manner prescribed in the Bylaws for regu-
lar appointments to that office: provided, however, vacancies
need not be filled on an annual basis.
Section 8.7. Responsibilities of Office.
(a) President. Subject to such supervisory powers as
the Board may give, and subject to the control of the Board, the
president shall be the general manager of the Corporation and
shall supervise, direct and control the Corporation's activities,
affairs and officers. The president shall preside at all Board
meetings. The president shall have such other powers and duties
as the Board or the Bylaws may prescribe.
(b) Vice Presidents. In the absence or disability of
the president, the vice presidents, if any, in order of their
rank as fixed by the Board or, if not ranked, a vice president
designated by the Board shall perform all duties of the presi-
dent. When so acting, a vice president shall have all powers of
and be subject to all restrictions on the president. The vice
presidents shall have such other powers and perform such other
duties as the Board or the Bylaws may prescribe.
(c) Secretary.
(1) The secretary shall keep, or cause to be kept,
at the Corporation's principal office or such other place as
the Board may direct, a book of minutes of all meetings, pro-
ceedings and actions of the Board and of committees of the .
Board. The minutes of meetings shall include the time and
place of holding, whether the meeting was annual, regular or
special and, if special, how authorized, the notice given and
the names of those present at Board and committee meetings.
The secretary shall keep, or cause to be kept, at the
principal office in California, a copy of the Articles and
Bylaws, as amended to date.
(2) The secretary shall give, or cause to be
given, notice of all meetings of the Board and of committees
of the Board required by the Bylaws to be given. The secre-
tary shall keep the corporate seal in safe custody and shall
have such other powers and perform such other duties as the
Board or the Bylaws may prescribe.
(d) Chief Financial Officer.
(1) The chief financial officer shall keep and
maintain, or cause to be kept and maintained, adequate and
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correct books and accounts of the Corporation's properties
and transactions. The chief financial officer shall send or
cause to be given to the directors such financial statements
and reports as are required by law, by the Bylaws or by the
Board to be given. The books of account shall be open to
inspection by any director at all reasonable times.
(2) The chief financial officer shall deposit, or
cause to be deposited, all money and other valuables in the
name and to the credit of the Corporation with such deposi-
tories as the Board may designate, shall disburse the
Corporation's funds as the Board may order, shall render to
the president and the Board, when requested, an account of
all transactions as chief financial officer and of the finan-
cial condition of the Corporation, and shall have such other
powers and perform such other duties as the Board or the
Bylaws may prescribe.
(3) If required by the Board, the chief financial
officer shall give the Corporation a bond in the amount and
with the surety or sureties specified by the Board for faith-
ful performance of the duties of the office and for restora-
tion to the Corporation of all its books, papers, vouchers,
money and other property of every kind in the possession or
under the control of the chief financial officer on his or
her death, resignation, retirement or removal from office.
ARTICLE IX
INDEMNIFICATION
section 9.1. Indemnification.
(a) To the fullest extent permitted by law, the
Corporation shall indemnify its directors, officers, employees
and other persons described in section 7237(a) of the California
Corporations Code, including persons formerly occupying any such
position, against all expenses, judgments, fines, settlements and
other amounts actually and reasonably incurred by them in connec-
tion with any nproceeding", as that term is used in that section,
and including an action by or in the right of the Corporation, by
reason of the fact that the person is or was a person described
in that section. "Expenses", as used in this section, shall have
the same meaning as in section 7237(a) of the California
Corporations Code.
(b) On written request to the Board by any person
seeking indemnification under Section 7237(b) or Section 7237(c)
of the California Corporations Code, the Board shall promptly
determine under Section 7237(e) of the California Corporations
-9-
Code whether the applicable standard of conduct set forth in
section 7237(b) or section 7237(c) has been met and, if so, the
Board shall authorize indemnification.
(c) To the fullest extent permitted by law and except
as otherwise determined by the Board in a specific instance,
expenses incurred by a person seeking indemnification under the
Bylaws in defending any proceeding shall be advanced by the
Corporation before final disposition of the proceeding, on
receipt by the Corporation of an undertaking by or on behalf of
that person that the advance will be repaid unless it is ulti-
mately determined that the person is entitled to be indemnified
by the Corporation for those expenses.
section 9.2. Insurance. The Corporation shall have the
right to purchase and maintain insurance to the full extent per-
mitted by law on behalf of its officers, directors, employees and
other agents, against any liability asserted against or incurred
by any officer, director, employee or agent in such capacity or
arising out of the officer's, director's, employee's or agent's
status as such.
ARTICLE X
RECORDS AND REPORTS
section 10.1. Maintenance of Corporate Records. The Corpo-
ration shall keep adequate and correct books and records of
account and written minutes of the proceedings of the Board and
committees of the Board.
section 10.2. Maintenance and InsEection of Articles and
Bylaws. The Corporation shall keep at its principal office the
original or a copy of the Articles and Bylaws, as amended to
date, which shall be open to inspection by the directors at all
reasonable times during office hours.
section 10.3. Inspection by Directors. Every director shall
have the right at any reasonable time to inspect the Corpora-
tion's books, records, documents and physical properties. The
inspection may be made in person or by the director's agent or
attorney. The right of inspection includes the right to copy and
make extracts of documents.
section 10.4. Annual Report. An annual report shall be pre-
pared within one hundred twenty (120) days after the end of the
Corporation's fiscal year. The report shall include a balance
sheet as of the end of the fiscal year and an income statement of
changes in financial position for the fiscal year, together with
any report by independent accountants or by the certificate of an
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, ' ..
authorized officer of the Corporation that the annual report was
prepared without audit from the books and records of the
Corporation.
Section 10.5. Annual Statement of Certain Transactions and
As a part of the annual report, the Corpora-
prepare and furnish to the directors a state-
required by California Corporations Code
Indemnifications.
tion shall annually
ment of information
Section 8322.
ARTICLE XI
AMENDMENTS
The Board may adopt, amend or repeal Bylaws; provided,
however, that no amendment to the Bylaws shall be effective
without the prior written approval of the City Attorney of the
City.
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Filed: --------Filed:
NEGATIVE DEcrARATIOO: __________ _
Posted: ___________ _ Published: Notice of Detennination: -------
~ IMPACT REPORT: ____ ~_,_.,..-__=_-
Notice of Notice of
Preparation:________ canpletion: ____ _
PIANNING CXMr1ISSIOO
1. Date of Hearing: __ )5,Q.-_-..l...1 Y..:J.--~.;::;O::::.-___ _
2. Publication: ___ ~2;l..-_~_=_-_~_S ____ _
3. Notice to Property CMners : __ 2~-~d~-~_S __
4. Resolution No. ____ ~da.....::Jl/...lo.("'_lI){"""(2::__ __ _
{~ntinued.~: ____________ __
5. _ Appeal: _________________ _
CITY COONCIL
1. Date of Hearing: ___ --L::.N'-/-J...l.A..!--___ _
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.2. Notices to Ci ty Clerk: __ ..:..;JV:;...,)~A'....L-__
3. Agenda Bill: ____________ _
Date:
Notice of
Detennination:
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4. Resolution No. ____________ _ -----ACTION: ____ _
5. Ordinance Noo _____________ _ Date:. ____ _
Q)RRESPaIDENCE
Staff Report to Applicant: _______ _
Resolution to Applicant: ___________ _