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HomeMy WebLinkAboutCT 90-19; CALAVERA HEIGHTS VILLAGE H; Tentative Map (CT)One Single Family Home: No Charg All Other Applications Based on Project Site Size: o - 1 Acres 50.00 0 - 10 Acres 100.00 10 - 100 Acres 200.00 100 Acres 400.00 S S Cty of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 (619) 438-1161 PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM Complete Description of Project (attach additional sheets if necessary) THE PROPOSED SUBDIVISION INVOLVES 13 SINGLE FAMILY ESTATE LOTS ON APPROXIMATLEY 64.5 GROSS ACRES WITH THE CALAVERA HILLS MASTER PLANNED COMMUNITY (VILLAGE H). Location of Project EAST AND SOUTH OF ELM AVENUE BETWEEN TAMARACK AVE. AND KINGSTON STREET. Permit/File Numbers Associated with this Project NONE Legal Description (complete) PORTION OF LOT J OF THE RANCHO AQUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE CTTMTV DT'I(VDT1?D AV QATTh ('(NRfl'v Local Facility Management Zone Assessors Parcel Number LFMP ZONE 7 167-101-19 Zone General Plan Existing Land Use PC EL AND OS VACANT Proposed Zone Proposed GenraI Plan Site Acreage PC RL AND OS APPROX. 64.5 ACRES GROSS Owner Applicant Name (Print or Type) Name (Print or Type) LYON COMMUNITIES, INC. HUNSAKER AND ASSOCIATES SAN DIEGO, INC. Mailing Address Mailing Address 4330 LA JOLLA VILLAGE DR., SUITE 130 10179 HUENNEKENS STREET City and State - Zip Telephone City and State Zip TeIephon SAN DIEGO, CA 92122 (619) 546-.1200 SAN DIEGO, CA 92121 (619) 558-4500 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. GARR M. RQUINIO , LYON COMMUNITIES, INC. SIG DATE SIGNATURE DATE 2-27-90 7~ ce QJ bate ApMication R c' Received By ~ees Received Rec6i pt PROJECT NUMBER (5) I CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) nx Master Plan YIt i5"6.) U General Plan Amendment...... [1 Specific Plan .............._________ Site Development Plan....... Precise Development Plan... Zone Change................. Tentative Tract Map ........ .(T92-/T U Conditional Use Permit...... Planned Development Permit b 77-0 [' Hillside Development Permit. U Non-Residential Planned nx Environmental Impact Development Permit ........ . Assessment................ U Condominium Permit......... U Special Use Permit......... U Redevelopment Permit....... U Tentative Parcel Map....... U Administrative Variance.... U Variance.................... U Planned Industrial Permit... U Coastal Development Permit.. U Planning Commission Deter... I I 2) LOCATION OF PROJECT: ON THE SOUTH EAST AND —1 SIDE OF1 ELM AVENUE (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I TAMARACK AVENUE I AND KINGSTON STREET I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I A PORTION OF LOT 'j OF THE RANCHO AGUA HEDIONDA IN THE IOF CARLSBAD, COUNTY OI SAN DIEGO, STATE OF CA, ACCORDING TO THE MAP THEREOF NO. 823 4) ASSESSOR PARCEL NO(S),I 167-101-19 5) LOCAL FACILITIES 111 6) EXISTING GENERAL RL AND OS 7' PROPOSED GENERALI s I MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION 8) EXISTING ZONINGI PC I) PROPOSED zoNINGr 'c 110) GROSS 5 ITEI 64.5 AC. ACREAGE ________ __________ I 11) PROPOSED NUMBER OF 13 112) PROPOSED 113 113) TYPE OF IRESIDENTIAL RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITSI 0 COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL f N/A I 16) PROPOSED COMMERCIAL I N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DI1 4/89 JUN CITY OF CARLSBAD DEVELOP PRO(' N" DATE STAMP APPLICAT1ONRECEIVED RECEIVED BY: tv I 11 i -I , CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L APPROX. 49AC.1 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 13' 130 20) PROJECT NAME: CALAVERA HEIGHTS - VILLAGE H 21)BRIEF DESCRIPTION OF PROJECT: I THE PROJECT PROPOSES 13 SINGLE FAMILY CUSTOM 64.5 ESTATE LOTS ON APPROXIMATELY GROSS ACRES WITHIN THE CALAVERA HILLS MASTER PLANNED 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE)LYON COMMUNITIES, INC. NAME (PRINT OR TYPE)H&A SAN DIEGO,IN MAILING ADDRESS MAILING ADDRESS 4330 LA JOLLA VILLAGE DR., SUITE 130 10179 HUENNEKENS ST., SUITE 200 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE SAN DIEGO, CA 92122 (619) 546-1200 SAN DIEGO, CA 92121 (619) 558-4500 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNAT GAR MA H * * * * * * * * * * * * * * * * * * * * *•*-** * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED oo 3$Oc39 0 60 .190 00 e-1 4 ac2c2Oo 00 Lç1 TOTAL FEE REQUIRED ' Z'/C,'.00 DATE FEE PAID 4ac- e 1 RECEIPT NO.1 I ARFM0008.0I1 4/89 OCitv of Mrisbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPIJCKflQNs WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. SEE ATTACHED Owner List the names and addresses of all persons having any ownership interest in the property involved, SEE ATTACHED It any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersh interest in the partnership. SEE ATTACHED If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar of the trust. N/A (Over) 2 3. 4 0 Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boar: Commissions, Committees and Council within the past twelve months? Yes - No x If yes, please indicate person(s)__________________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district oc other political subdivision, or any other group or combination acting as a unit' (NOTE: Attach additional pages as necessary.) Signature/4 Owner/date Signature ofApplicant/date GEORGE HAVIAR Print or type name of owner AGENT FOR LYON COMMUNITIES, INC. MANAGING GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P. GEORGE HAVIAR Print or type name of applicant AGENT FOR LYON COMMUNITIES, INC. MANAGING GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P. S 0 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. My 29,1990 'Si'Sfnaf~-r~ 0 Date Lyon Communities, INC. Owner Name (Print) elationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3180 STATE OF CALIFORNIA ) (Corporation Acknowledgment) OA?T ThTt'('C ss. çountyof On this 15TH day of JUNE , in the year 19 90 , before me, the undersigned, a 4btary Public in and for said County and State, personally appeared GEORGE HAVIAR personally known to me (or proved to me on the basis a executed the within instrument as AUTHORIZED evidence)tobe the person who br on behalf of the corporation therein named, and acknowledged -to me that-such--corporation executed it. WITNESS y hand and o icial Publicin and for slid County and State. I FD-1F (Notary Seal) a- 10 SAME 2075 LAS PALMAS DRIVE -. TELEPHONE CARLSBAD, CA 92009-4859 (819) 438-1161 QCit' of Cartbab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee Is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is. paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report, must have been issued within the last six (6) months. 9. Attach a check for $-5-40, payable to "City of Carlsbad". V3 4 I 1! 0S RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorderls use Parcel No. l7 - 0/ I AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this13 day ofMARCH 19 90 -I by and betweenLYON/COPLEY CARLSBAD ASSOCIATES, L.P. (Name of Developer-Owner) a CALIFORNIA LIMITED PARTNERSHIP , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is4490 VON KARNEN, NEWPORT BEACH, CA. 92260 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property";, and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 1 Os A 13 LOT SINGLE FAMILY ESTATE RESIDENTIAL SUBDIVISION on said Property, which development carries the proposed name of______________ VILLAGE H WITHIN THE CALAVERA HILLS MASTER PLANNED COMMUNITY. and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 27 day of_FEBRUARY with the City a request forA TENTATIVE MAP AND A PD/SDP PERMIT hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element Is on. file with the City Clerk and Js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 3-1-88 / 2 NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other constructi.on permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or Improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code Developer shall pay a fee for conversion of existing building or structures into 11 1 condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall Include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee In the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 31-88 3 00 p. 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon In Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. I REV 3-1-88 4 AD 6. A1.1 obligations hereunder shall terminate in the event the' Requests made by Developers are not approved. 7. Any notice from one party to the other shall be In writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any' such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 m IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: LYON COMMUNITIES, INC. (name) CITY OF CARLSBAD, a municipal corporation of the State of California >1 By: MARTIN ORENYAK For City Manager STATE OF CALIFOBNIA )ss. COUNTY OF— )an Diego On Majeh 27 , 1 9Q0 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Garry M.Targuinio and KarenKlock personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the Lyon within instrument as the agent 0Gen.MnginPrtr QL /Copley Carlsbad ±suciate LP the partnership that executed the within instrument, and acknowledged tome that he/she executed the same for andon OFFICIAL SEAL behalf of said partnership and that said partnership executed ROBIN LYNN ADAMSON NOTARY PUBLIC - CALIFORNIA the same. AN DIEGO COUNTy Mycomm. expires JUL 31, 1992 WITNESS my hand and official seal. Signatu " _UU\-(/\_t-Q__1' (This area for official notarial seal) be attached.) REV 3-1-88 6 EXHIBIT 'An LEGAL DESCRIPTION A PORTION OF LOT J OF THE RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823. 'I REV 3-1-88 7 TICOR TITL%INSURANCE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 JUNE 19, 1990 WILLIAM LYON COMPANY ATTN: GEORGE HAVIAR 4330 LA JOLLA VILLAGE SUITE 130 LA JOLLA, CALIFORNIA 92122 YOUR REFERENCE: CALAVERA HILLS VILLAGE H OUR ORDER NO. : 1182565 AMENDED PRELIMINARYSUBDIVISION REPORT FOR TENTATIVE MAP. FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDER'S ENGINEER, THE COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS LOCATED. IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND, DISCLOSES THE FOLLOWING MATTERS. DATED AT 7:30 A.M. AS OF FEBRUARY 5, 1990 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 VESTEE: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP EXCEPTIONS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, SECOND INSTALLMENT : NOW DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AMENDED 1182565 PAGE 1 QCI TICOR TITLWNSURANCE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : OPEN, NOT DELINQUENT SECOND INSTALLMENT : OPEN, NOT DELINQUENT IF ANY, 3. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR 1989-90 REPORT TO FOLLOW. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : AND RESERVED BY LIDO LAND CO., A COPARTNERSHIP COMPOSED OF ARTHUR WYNDHAM LEWIS, ANN LEWIS, ARTHUR .WYNDHAM LEWIS, AS TRUSTEE FOR MARTHA EMILY LEWIS AND ARTHUR WYNDHAM LEWIS AS TRUSTEE FOR DOROTHY ANN LEWIS FOR : ROAD PURPOSES RECORDED : JANUARY 3, 1958, IN BOOK 6892, PAGE 516 OF OFFICIAL RECORDS AS RECORDER'S FILE NO. 1351 AFFECTS : AS FOLLOWS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE SOUTHWESTERLY LINE OF WHICH STRIP OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF ALL THAT PORTION OF LOT "d" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION 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 NORTHEASTERLY CORNER OF SAID LOT "d"; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 67 °00'00" WEST, 3515.00 FEET, THENCE SOUTH 25 °30' EAST, A DISTANCE OF 1115.70 FEET; THENCE PARALLEL WITH SAID NORTHWESTERLY LINE OF SAID LOT, NORTH 67°00'00' EAST, 3304.88 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE ALONG SAID EASTERLY LINE, NORTH 14°45'31" WEST, (RECORD NORTH 13°25' WEST), 1326.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE THEREOF TO AND ALONG THE SOUTHWESTERLY LINE OF ALL THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, 25°30' EAST, TO A POINT WHERE SAID PROLONGATION VESTS THE SIDELINE OF AN EXISTING TRAVELED ROADWAY EXTENDING IN AN EASTERLY DIRECTION FROM THAT CERTAIN DEDICATED COUNTY ROAD SHOWN ON ROAD SURVEY MAP NO. 745, RECORDS OF AFORESAID COUNTY. THE NORTHEASTERLY LINE OF SAID STRIP OF LAND TO BE AMENDED 1182565 PAGE 2 Qrl- TICOR T1TLNSURANCE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE THEREOF IN SAID SIDELINE OF SAID EXISTING TRAVELED ROADWAY. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : POLES, WIRES AND ANCHORS RECORDED : JANUARY 16, 1963, RECORDER'S FILE NO. 9526 AFFECTS : THAT PORTION OF LOT "U" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 6892, PAGE 516 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO, THE CENTER LINE OF SAID RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "U", DISTANT THEREON SOUTH 1 0 4328" WEST, 1239.20 FEET FROM CORNER 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 82 0 31'02" WEST, A DISTANCE OF 927.53 FEET; THENCE SOUTH 71 0 37'58" WEST, A DISTANCE OF 1120.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE RIGHT OF WAY HEREIN CONVEYED SHALL BE 12 FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE ABOVE DESCRIBED ROUTE OF SAID LINE OF POLES AND WIRES. A PORTION OF SAID EASEMENT HAS BEEN QUITCLAIMED BY QUITCLAIM DEED RECORDED MARCH 8, 1983, RECORDER'S FILE NO. 83-073423. 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : GEORGE MERLI, ET AL FOR : ROAD PURPOSES RECORDED : MARCH 18, 1964, RECORDER'S FILE NO. 49259 AFFECTS : EASTERLY 10 FEET OF FOLLOWING LAND: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 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 82 0 19'55" EAST (RECORD NORTH 82 0 00' EAST) 1535 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO BENTON C. CALDWELL AND WIFE, RECORDED AUGUST 15, 1951, IN BOOK 4205, PAGE 235 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 82 0 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 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 0 10'05" WEST (RECORD NORTH 25 0 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 SAID NORTH LINE TO AN INTERSECTION WITH THE AMENDED 1182565 PAGE 3 TICOR TITLINSURANCE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID BENTON C. CALDWELL LAND BEING A LINE BEARING NORTH 18 0 20'30" WEST FROM THE ABOVE DESCRIBED NORTHWEST CORNER OF SAID LAND. 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPELINES RECORDED : JANUARY 9, 1967, RECORDER'S FILE NO. 2646 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : DON N. BOWKER, AS TRUSTEE OF THE ANN B. LEWIS TRUST, UNDER TRUST AGREEMENT DATED JUNE 1, 1970 FOR : ROAD PURPOSES RECORDED : MARCH 25, 1975, RECORDER'S FILE NO. 75-066648 AFFECTS A STRIP OF LAND 60.00 FEET WIDE, THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1 IN DEED TO DON N. BOWKER, AS TRUSTEE OF THE ANN B. LEWIS TRUST, UNDER TRUST AGREEMENT DATED JUNE 1, 1970, RECORDED MARCH 25, 1975, RECORDER'S FILE NO. 75-066648; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 1, TO AND ALONG THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO LIDO LAND COMPANY, RECORDED MAY 6, 1955 IN BOOK 5632 PAGE 319 OF OFFICIAL RECORDS, SOUTH 25°30' EAST, TO A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE WHICH MEETS THE SIDE LINE OF AN EXISTING TRAVELED ROADWAY EXTENDING IN AN EASTERLY DIRECTION FROM THAT CERTAIN DEDICATED COUNTY ROAD SHOWN ON ROAD SURVEY MAP NO. 745, RECORDS OF AFORESAID COUNTY; THE NORTHEASTERLY LINE OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE OF SAID PARCEL 1 FIRST ABOVE DESCRIBED AN IN SAID SIDELINES OF SAID EXISTING TRAVELED ROADWAY. SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY WATER AUTHORITY FOR : PIPES AND PIPELINES RECORDED : JULY 28, 1978, RECORDER'S FILE NO. 78-319050 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 0 25'23 EAST, 15.00 FEET FROM THE SOUTHEAST CORNER OF SAID LAKE CALAVERAS HILLS ASSOCIATES LAND, SAID POINT BEING ENGINEER'S STATION 305 PLUS 17.95 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SURVEY LINE NORTH 89 0 30' WEST 15.00 FEET; THENCE NORTH 0402015011 WEST 437.06 FEET; THENCE NORTH 40 0 3821" WEST 564.57 FEET; THENCE NORTH 67 0 2931" WEST 184.00 FEET; THENCE SOUTH 74 0 29'39" AMENDED 1182565 PAGE 4 j TICOR TITL.ö INSURANCE WEST 302.87 FEET; THENCE NORTH 44 °50'21" WEST 517.78 FEET; THENCE NORTH 56 0 59 1 04" WEST 212.79 FEET; THENCE NORTH 01 0 3454 WEST 264.64 FEET; THENCE NORTH 61 0 18'54" WEST 398.84 FEET; THENCE NORTH 72029128tl WEST 148.90 FEET; THENCE SOUTH 79029I26u 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 0 0020 WEST, 2,847.57 FEET FROM THE TRUE POINT OF BEGINNING. 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT FOR : PIPE LINES AND UNDERGROUND CONDUITS RECORDED : NOVEMBER 17, 1978, RECORDER'S FILE NO. 78-497734 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 0 59 1 47" EAST (NORTH 82 0 00'00" EAST DEED) 1054.66 FEET to THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM MINNIE LILLIAN BORDEN, El AL, TO CARROLL ELMER BORDEN DATED FEBRUARY 3, 1912 AND RECORDED IN BOOK 560, PAGE 578 OF DEEDS; THENCE NORTH 24 0 20'17" WEST (NORTH 25 0 30'00" WEST DEED) 341.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 41 0 06'30" EAST 56.50 FEET; THENCE SOUTH 48 0 53 1 30" EAST 20.00 FEET; THENCE SOUTH 41 0 06'30" WEST 65.64 FEET; THENCE NORTH 24 0 20'17" WEST 21.99 FEET TO THE TRUE POINT OF BEGINNING. 11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : FEBRUARY 25, 1980 BY AND BETWEEN LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : MAY 19, 1980, RECORDER'S FILE NO. 80-164050 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : ROAD RECORDED : MAY 22, 1981, RECORDER'S FILE NO. 81-160502 AFFECTS : A PARCEL OF LAND BEING A PORTION OF LOT d 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 d NORTH 8902510u WEST (NORTH 89 0 22'33" WEST PER DEED) 1791.41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 0 34'50" WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE AMENDED 1182565 PAGE 5 TICOR TITLI INSURANCE SOUTH 00 0 34 1 50" WEST 238.44 FEET; THENCE NORTH 21 0 12 1 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 0 47'30" A DISTANCE OF 264.04 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 53 0 00'00" EAST; THENCE NORTH 37 0 00'00" EAST 702.00 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1005311011 A DISTANCE OF 121.98 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 63 0 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 1005311011 A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 53 0 00'00" WEST; THENCE SOUTH 37 0 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 15 0 47 1 30" A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68 0 4730" EAST, THENCE SOUTH 21 °12'30" WEST 232.57 FEET TO THE TRUE POINT OF BEGINNING. 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : 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 RECORDED : JULY 15, 1981, RECORDER'S FILE NO. 81-222452 AFFECTS : A STRIP OF LAND 6.00 FEET IN WIDTH LYING 3.00 FEET ON EACH SIDE OF THE CENTER LINE SHOWN ON THE EXHIBIT A ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. 14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LAKE CALAVERAS HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP FOR : PRIVATE STREET/ROAD, INGRESS AND EGRESS RECORDED JULY 27, 1981, RECORDER'S FILE NO. 81-236324 AFFECTS : AS FOLLOWS: PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT "Do 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 1 AMENDED 1182565 PAGE 6 Qel- TICOR TITL%INSURANCE 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, 25.26 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 0 5553" A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 0 56'53" WEST, 909.25 FEET TO THE BEGINNING OFA TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7015l54u 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 29 0 40'59" WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 0 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 1 DESCRIBED ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS FOLLOWS: NORTH 73 °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 3404511911 A DISTANCE OF 606.59 FEET; AND TANGENT THERETO SOUTH 71 0 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'8400 FEET IN WIDTH, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT "X" AS DESCRIBED IN PARCEL 3 ABOVE; THENCE SOUTH 18 0 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 0 19'32" A DISTANCE OF 581.64 FEET; THENCE TANGENT TO SAID CURVE SOUTH 1404212011 WEST 138.57 FEET 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 0 17'40" A DISTANCE OF 241.45 FEET; THENCE TANGENT TO THERETO SOUTH 37 0 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 0 47'30" A DISTANCE OF 275.62 FEET; THENCE TANGENT THERETO, SOUTH 21 0 12'30" WEST 344.15 FEET TO POINT OF TERMINATION. 15. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD FOR : PUBLIC STREET, ROAD RECORDED : JANUARY 8, 1982, RECORDER'S FILE NO. 82-005688 AMENDED 1182565 PAGE 7 J TICOR TITLINSURANCE 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, SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING POINT 7 OF SAID LOT d AS SHOWN ON SAID MAP NO. 823; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT J NORTH 89 0 25'10" WEST (NORTH 89 0 22'33" WEST PER DEED) 1791.41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 0 34'50' WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00034150u WEST 238.44 FEET; THENCE NORTH 21 0 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 0 47'30" A DISTANCE OF 264.04 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 53 0 00'00" EAST; THENCE NORTH 37 0 00'00" EAST 702.00 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 53'10" A DISTANCE OF 121.98. FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 63 0 53 1 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 1005310tI A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 53 0 00'00" WEST; THENCE SOUTH 3700010011 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 15 0 47'30" A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68 0 47'30" EAST, THENCE SOUTH 21 0 12'30" WEST 232.57 FEET TO THE TRUE POINT OF BEGINNING. 16. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COSTA REAL MUNICIPAL WATER DISTRICT FOR : PIPELINE OR PIPELINES RECORDED : NOVEMBER 23, 1982, RECORDER'S FILE NO. 82-362091 AFFECTS : AS FOLLOWS: 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 CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 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 CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30 1 34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT; THENCE SOUTH 83 0 03'43" WEST 62.00 FEET MORE OR LESS TO THE CENTER LINE 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 CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51'53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1.000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID AMENDED 1182565 PAGE 8 : TICOR TITLO INSURANCE CENTER LINE OF ELM-AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45 '19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71°22'48" WEST 825.88 FEET TO THE CENTER LINE 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 0 37'12" WEST; THENCE CONTINUING ALONG THE CENTER LINE OF ELM AVENUE PER CERTIFICATE SOUTH 71 0 22'48' WEST 300.00 FEET TO A POINT OF INTERSECTION; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 76 0 28'15" WEST 940.87 FEET TO POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF SAID PARCEL 14, SAID INTERSECTING BOUNDARY LINE BEARS NORTH 24 0 25'10" WEST, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING PARCEL C; THENCE LEAVING SAID CENTER LINE OF ELM AVENUE SOUTH 85 0 09'39" WEST 472.74 FEET MORE OR LESS 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 2402215711 WEST (PER CARLSBAD TRACT NO. 74-14(A), MAP 8585, BOUNDARY LINE BEARS NORTH 24 1 20"17" 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. 17. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION (GRANTEE) FOR : FACILITIES CONSISTING OF: 1. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 2. COMMUNICATION FACILITIES, AND APPURTENANCES. GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS RECORDED : MARCH 17, 1983, RECORDER'S FILE NO. 83-084883 AFFECTS AS DESCRIBED IN PARCELS "A" AND "B" BELOW PARCEL "A": THAT CERTAIN STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING 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 THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH 60 0 3732" WEST, 250.22 FEET FROM AN ANGLE POINT IN THE BOUNDARY THEREIN; THENCE LEAVING SAID MOST NORTHERLY CORNER NORTH 24 °49'11" EAST, 410.47 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 36 0 09'58" WEST, 22.95 FEET TO A POINT HEREIN DESIGNATED POINT "A"; THENCE SOUTH 35 0 14'05" WEST, 150.00 FEET. AMENDED 1182565 PAGE 9 Qrj TICOR TITLNSURANCE ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 81°29'41" WEST, 65.00 FEET. PARCEL "B": THAT PORTION OF THE HEREIN DESCRIBED PROPERTY, SHOWN AS EASEMENT AREA ON SAN DIEGO GAS & ELECTRIC COMPANY'S DRAWING NO. L-1921, DATED NOVEMBER 19, 1982, ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES AS FOLLOWS: CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, THEREFORE OWNER SHALL NOT MAKE OR ALLOW ANY EXCAVATION OR FILL TO BE MADE WITHIN THIS EASEMENT WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY AND OBTAINING PERMISSION. 18. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COSTA REAL MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT FOR : A PIPELINE OR PIPELINES RECORDED : APRIL 25, 1983, RECORDER'S FILE NO. 83-131591 AFFECTS : AS FOLLOWS: 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 SAN DIEGO COUNTY, STATE OF CALIFORNIA, 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 63 0 53'10" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 0 24'30" A DISTANCE OF 119.47 FEET; THENCE NORTH 14 0 42'20" EAST, 138.57 FEET TO THE BEGINNING OF A TANGENT 1,000.00-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 0 19'32" A DISTANCE OF 581.64 FEET; THENCE NORTH 18°37'12" WEST, 63.12 FEET TO A POINT HEREIN DESCRIBED AS POINT "A"; THENCE CONTINUING NORTH 18°37'12" WEST, 210.50 FEET; THENCE SOUTH 71 0 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 0 05'26" A DISTANCE OF 133.27 FEET; THENCE SOUTH 76 0 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 11 0 47 1 33" A DISTANCE OF 144.07 FEET, SAID POINT BEING A RADIAL WHICH BEARS SOUTH 01 0 44'13" EAST; THENCE LEAVING SAID CURVE NORTH 24 0 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 AMENDED 1182565 PAGE 10 Q@ TICOR TITLNSURANCE 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 0 48'01" EAST, 19.81 FEET TO THE POINT OF TERMINUS. PARCEL 2 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 0 22'48" EAST, 72.33 FEET TO THE POINT OF TERMINUS. SAID P DINT OF TERMINUS 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. 19. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD FOR : SEWER EASEMENT PURPOSES RECORDED : (JUNE 14, 1983, RECORDER'S FILE NO. 83-198643 AFFECTS : A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF PARCE AS SHOWN ON PARCEL MAP 11908, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA; 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 0 25'10" EAST 11.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 31 0 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 0 00'00" A DISTANCE OF 76.79 FEET; THENCE, NORTH 9°30'00" EAST 224.21 FEET; THENCE, NORTH 24 0 33'02" WEST 116.16 FEET TO THE POINT OF TERMINUS. 20. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : OCTOBER 20, 1983 BY AND BETWEEN : CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : OCTOBER 28, 1983, RECORDER'S FILE NO. 83-391316 21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : EASEMENT FOR PUBLIC STREET PURPOSES PLUS ADJACENT SLOPE AND EMBANKMENT RIGHTS RECORDED : FEBRUARY 13, 1984, RECORDER'S FILE NO. 84-053117 AFFECTS : ALL THAT PORTION OF SAID LAND LYING WITHIN ELM AVENUE AND VICTORIA AVENUE. 22. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AMENDED 1182565 PAGE 11 'j TICOR TITLINSURANCE STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : AN EASEMENT FOR DRAINAGE PURPOSES RECORDED : MARCH 12, 1984, RECORDER'S FILE NO. 84-088881 AFFECTS : BEING A PORTION OF LOT "U" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY 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 COUNTY RECORDER OF SAN DIEGO COUNTY, NORTH 24 0 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 0 25'15" WEST 15.00 FEET; THENCE SOUTH 65 0 34 1 45" WEST 180.00 FEET TO THE AFOREMENTIONED EASTERLY BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH 2402515u EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING. 23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MAY 6, 1985 BY AND BETWEEN : CEDRIC E. SANDERS, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY ("GRANTOR") AND TREETOPS UNLIMITED, A CALIFORNIA JOINT VENTURE COMPOSED OF PACIFIC SCENE, INC., A CALIFORNIA CORPORATION, AND FINANCIAL SCENE INCORPORATED, A CALIFORNIA CORPORATION ("GRANTEE") REGARDING : EASEMENT AGREEMENT RECORDED : MAY 29, 1985, RECORDER'S FILE NO. 85-188783 24. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : PUBLIC STREET PURPOSES RECORDED : JULY 24, 1985, RECORDER'S FILE NO. 85-263533 AFFECTS : THAT PORTION OF LOT "U" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, IN THE CITY OF CARLSBAD, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 82-8, ACCORDING TO MAP THEREOF NO. 10663, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING ALSO THE INTERSECTION OF THE CENTER LINE OF ELM AVENUE WITH THE CENTER LINE OF TAMARACK AVENUE AS SHOWN ON SAID MAP NO. 10663; THENCE SOUTH 18 °37'12" EAST, ALONG THE CENTER LINE OF SAID TAMARACK AVENUE, A DISTANCE OF 76.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTER LINE NORTH 71 0 22'48" EAST 42.00 FEET; THENCE SOUTH 18°37'12" EAST A DISTANCE OF 197.62 FEET TO THE BEGINNING OF A TANGENT 1042.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 0 02'59" A DISTANCE OF 419.19 FEET; THENCE LEAVING THE ARC OF SAID CURVE NORTH 85 0 34 1 13" WEST ALONG A RADIAL LINE TO SAID CURVE A DISTANCE OF 42.00 FEET TO THE EASTERLY BOUNDARY OF SAID MAP NO. 10663, BEING A POINT IN THE ARC OF A 1000.00 FOOT RADIUS CURVE AMENDED 1182565 PAGE 12 QCP- TICOR TITLNSURANCE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 85°34'13" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID BOUNDARY, THROUGH A CENTRAL ANGLE OF 2300215911 A DISTANCE OF 402.29 FEET; THENCE TANGENT TO SAID CURVE NORTH 18 0 37'12" WEST A DISTANCE OF 197.62 FEET TO THE TRUE POINT OF BEGINNING. 25. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CALAVERA HILLS RECREATIONAL VEHICLE PARK, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION FOR : OPERATING A RECREATIONAL VEHICLE PARK RECORDED : AUGUST 21, 1985, RECORDER'S FILE NO. 85-302781 AFFECTS : A PORTION OF LOT UJI OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1983, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 0 0 36 ,38 1, EAST, 660.00 FEET; THENCE ALONG SAID BOUNDARY NORTH 0°36'38" EAST, 296.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH 003613811 EAST, 106.10 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 17 0 02'04" EAST, 85.12 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 485.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5 0 05'39" 43.12 FEET; THENCE NORTH 11056125h1 EAST, 100.00 FEET; THENCE NORTH 1 0 08'50" EAST, 40.00 FEET; THENCE NORTH 50 0 36'00" WEST, 30.00 FEET; THENCE SOUTH 89 0 10'10" WEST, 190.00 FEET; THENCE NORTH 82 0 39 ,50" WEST, 97.00 FEET; THENCE NORTH 8047b0011 EAST, 125.00 FEET; THENCE NORTH 5 0 11'42" WEST, 137.00 FEET; THENCE NORTH 85 0 22'03" EAST, 148.00 FEET; THENCE SOUTH 24°25'10" EAST, 230.00 FEET; THENCE NORTH 59 0 09 1 50" EAST, 440.00 FEET; THENCE SOUTH 49 °00'00" EAST, 65.00 FEET; THENCE SOUTH 3504312711 WEST, 345.00 FEET; THENCE SOUTH 71 0 53'22" WEST, 145.00 FEET; THENCE SOUTH 11 0 56'25" WEST, 95.00 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 515.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5 0 05'39", 45.79 FEET; THENCE SOUTH 17 0 02'04" WEST, 186.90 FEET TO THE TRUE POINT OF BEGINNING. 26. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : DRAINAGE PURPOSES RECORDED : AUGUST 12, 1986, RECORDER'S FILE NO. 86-344843 AFFECTS : THAT PORTION 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF THAT COURSE DESIGNATED "NORTH 13 0 27'33" WEST 360.00 FEET" ON THE BOUNDARY LINE OF RECORD OF SURVEY AMENDED 1182565 PAGE 13 TICOR TITLWNSURANCE MAP NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 13 °27'33 EAST 46.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY LINE SOUTH 34°35'25" EAST 122.14 FEET; THENCE SOUTH 55 °24'35" WEST 15.00 FEET; THENCE NORTH 34 0 35'25" WEST 83.33 FEET TO THE BOUNDARY LINE OF SAID RECORD OF SURVEY NO. 9336; THENCE ALONG SAID BOUNDARY NORTH 13 0 27'33" WEST 41.61 FEET TO THE TRUE POINT OF BEGINNING. 27. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COSTA REAL MUNICIPAL WATER DISTRICT FOR : POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED AUGUST 25, 1986, RECORDER'S FILE NO. 86-367153 AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY AS SET FORTH IN SAID DOCUMENT NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNIA IS EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES, CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229 OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC ) . UNDER REG. CC , ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED DELAYS IN THE CLOSING OF THE ESCROW. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT RESTRICTIONS MANDATED BY THIS LAW. AMENDED 1182565 PAGE 14 . 'j TICOR TITLNSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT 83-19 VILLAGE H, BEING A SUBDIVISION OF PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896. AMENDED 1182565 PAGE 15 j TICOR T1TL1NSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy * that result in no loss to you form recite that you are not insured against loss, costs, attorneys' * that first affect your title after the Policy Date--this does not ' fees, and expenses resulting from: limit the labor and material lien coverage in Item 8 of Covered Title Exclusions Risks 1 Governmental police power, and the existence or violation of 4 Failure to pay value for your title. any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning 5 Lack of a right: * land use * to any land outside the area specifically described and * improvements on the land referred to in Item 3 of Schedule A land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: that are created, allowed, or agreed to by you or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties In possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. that are known to you, but not to us, on the Policy Date--unless (d) Any water rights, claims or title to water on or under the land. they appeared in the public records ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land Is situated. 5 Invalidity or unenforceabillty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured 'mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and Is not financed in whole or In part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. AMENDED 1182565 PAGE 16 (continued on next page) j TICOR TITLNSURANCE- CLTA STANED COVERAGE POLICY-1988 The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company Will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;.(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land Is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),(b) or (c) are shown by the public records. 6. Any facts, rights, interests or claims Which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company Will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1182565 PAGE 17 A M1 c - • FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 JUNE 4, 1993 THE WILLIAM LYON COMPANY 4490 VON KARMAN AVENUE NEWPORT BEACH, CALIFORNIA ATTN: SHIRLEY O'CONNOR YOUR REF: CALAVERA HILLS—H OUR ORDER NO. 1061953-22 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) 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. DATED AS OF MAY 27, 1993 AT 7:30 A.M. LEE STE L/SLP —/TITLE OFFICER DIRECT DIAL PHON 231-4664 PAGE 1 •1 .. ORDER NO. 1061953-22 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1993-94, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATE LEGISLATURE. PAGE 2 ORDER NO. 1061953-22 NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES MAY BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH WILL BE INCORPORATED INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GENERAL TAX COLLECTION PROCESS. 5. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF AND RESERVED BY LIDO LAND CO., A COPARTNERSHIP COMPOSED OF ARTHUR WYNDHAM LEWIS, ANN LEWIS, ARTHUR WYNDHAM LEWIS, AS TRUSTEE FOR MARTHA EMILY LEWIS AND ARTHUR WYNDHAN LEWIS AS TRUSTEE FOR DOROTHY ANN LEWIS, RECORDED JANUARY 3, 1958 IN BOOK 6892, PAGE 516 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE SOUTHWESTERLY LINE OF WHICH STRIP OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF ALL THAT PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION 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 NORTHEASTERLY CORNER OF SAID LOT "J"; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 67°00 1 00" WEST, 3515.00 FEET; THENCE SOUTH 25 0 30' EAST, A DISTANCE OF 1115.70 FEET; THENCE PARALLEL WITH SAID NORTHWESTERLY LINE OF SAID LOT, NORTH 67 0 00 1 00" EAST, 3304.88 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE ALONG SAID EASTERLY LINE, NORTH 14 0 45 1 31" WEST, (RECORD NORTH 13 0 25' WEST) 1326.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE THEREOF TO AND ALONG THE SOUTHWESTERLY LINE OF ALL THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, 25°30' EAST, TO A POINT WHERE SAID PROLONGATION VESTS THE SIDELINE OF AN EXISTING TRAVELED ROADWAY EXTENDING IN AN EASTERLY DIRECTION FROM THAT CERTAIN DEDICATED COUNTY ROAD SHOWN ON ROAD SURVEY MAP NO. 745, RECORDS OF AFORESAID COUNTY. THE NORTHEASTERLY LINE OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE THEREOF IN SAID PIPELINE OF SAID EXISTING TRAVELED ROADWAY. 6. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED APRIL 1, 1958 IN BOOK 7016, PAGE 536 OF OFFICIAL RECORDS. PAGE 3 AMLR1 . . C' '1 ORDER NO. 1061953-22 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED JANUARY 5, 1959 IN BOOK 7427, PAGE 358 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 8. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JANUARY 16, 1963 AS FILE NO. 9526 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 6892, PAGE 516 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO, THE CENTER LINE OF SAID RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "J", DISTANT THEREON SOUTH 1 -43 1 28 11 WEST, 1239.20 FEET FROM CORNER 5 OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 82 0 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 82°31 1 02" WEST, A DISTANCE OF 927.53 FEET; THENCE SOUTH 71 0 37 1 58" WEST, A DISTANCE OF 1120.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE RIGHT OF WAY HEREIN CONVEYED SHALL BE 12 FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE ABOVE DESCRIBED ROUTE OF SAID LINE OF POLES AND WIRES. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." NOTE: A PORTION OF SAID EASEMENT WAS QUITCLAIMED AND RELEASED BY INSTRUMENT RECORDED MARCH 8, 1983 AS FILE NO. 83-073423 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 4 AME1 1 • . . ORDER NO. 1061953-22 9. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF GEORGE MERLI, ET AL, RECORDED MARCH 18, 1964 AS FILE NO. 49259 OF OFFICIAL RECORDS, LOCATED WITHIN THE EASTERLY 10 FEET OF FOLLOWING LAND: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST OF SECTION 4, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 7°00' WEST 1106 FEET, NORTH 82019551 EAST (RECORD NORTH 82°00' EAST) 1535 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO BENTON C. CALDWELL AND WIFE, RECORDED AUGUST 15, 1951 IN BOOK 4205, PAGE 235 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 82°19 1 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 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 0 10 11 05" WEST (RECORD NORTH 25°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 SAID 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 0 20'30" WEST FROM THE ABOVE DESCRIBED NORTHWEST CORNER OF SAID LAND. 10. AN EASEMENT FOR THE RIGHT TO SPILL WATER IN PRESENTLY EXISTING NATURAL DRAINAGE CHANNELS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO. 2638 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF PARCEL 1. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. ALSO FOR A PIPELINE OR PIPELINES FOR THE PURPOSE OF DRAINAGE WATER, OVER A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 4 OF LOT "D" AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 01 0 46 1 56 EAST 2637.98 FEET TO POINT 5 OF SAID LOT "D" THENCE NORTH 65 0 57'53" WEST 10.38 FEET; THENCE NORTH 24 0 02 1 07" EAST 427.94 FEET; THENCE NORTH 05 0 14'26" EAST 287.60 FEET; THENCE NORTH 18 0 02'37" EAST 497.21 FEET; THENCE SOUTH 71 0 57'23" EAST 75.00 FEET; THENCE NORTH 18 0 02 1 37" EAST 13.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 0 12 1 18 11 EAST 300 FEET. PAGE 5 C ORDER NO. 1061953-22 11. AN EASEMENT FOR PIPELINE OR PIPELINES FOR THE PURPOSE OF CARRYING WATER AND INCIDENTAL PURPOSES IN FAVOR OF THE CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO. 2646 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 20 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 7, LOT J OF SAID PARTITION MAP NO. 823 OF RANCHO AGUA HEDIONDA; THENCE NORTH 01 0 46 1 56" EAST 2637.98 FEET TO POINT 1 OF SAID LOT J: THENCE NORTH 65 0 57'53" WEST 10.38 FEET; THENCE SOUTH 24 0 02'07" WEST 956.98 FEET TO A POINT HEREINAFTER REFERENCED AS POINT "A", THE TRUE POINT OF BEGINNING; THENCE NORTH 70 0 54 1 27" WEST 1134.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 0 35 1 17" AN ARC DISTANCE OF 127.72 FEET; THENCE LEAVING SAID CURVE SOUTH 72 0 30 1 16" WEST 734.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 0 29 1 44" AN ARC DISTANCE OF 91.61 FEET; THENCE LEAVING SAID CURVE WEST 43.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 0 21 1 30" AN ARC DISTANCE OF 92.01 FEET; THENCE LEAVING SAID CURVE SOUTH 63 0 38 1 30" WEST, 25.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 0 21 1 29" AN ARC DISTANCE OF 101.36 FEET; THENCE LEAVING SAID CURVE SOUTH 82 0 59'59" WEST 158.23 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 12. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF DON N. BOWKER, AS TRUSTEE OF THE ANN B. LEWIS TRUST, UNDER TRUST AGREEMENT DATED JUNE 1, 1970, RECORDED MARCH 25, 1975 AS FILE NO. 75-066648 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1 IN DEED TO DON N. BOWKER, AS TRUSTEE OF THE ANN B. LEWIS TRUST, UNDER TRUST AGREEMENT DATED JUNE 1, 1970, RECORDED MARCH 25, 1975 AS FILE NO. 75-066648 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 1, TO AND ALONG THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO LIDO LAND COMPANY, RECORDED MAY 6, 1955 IN BOOK 5632, PAGE 319 OF OFFICIAL RECORDS, SOUTH 25 0 30' EAST, TO A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE WHICH MEETS THE SIDE LINE OF AN EXISTING TRAVELED ROADWAY EXTENDING IN AN EASTERLY DIRECTION FROM THAT CERTAIN DEDICATED PAGE 6 . ORDER NO. 1061953-22 COUNTY ROAD SHOWN ON ROAD SURVEY MAP NO. 745, RECORDS OF AFORESAID COUNTY. THE NORTHEASTERLY LINE OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE OF SAID PARCEL 1 FIRST ABOVE DESCRIBED AND IN SAID SIDELINES OF SAID EXISTING TRAVELLED ROADWAY. 13. AN EASEMENT FOR PIPE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 17, 1978 AS FILE NO. 78-497734 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF PARCEL 1 OF LOT "J't 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 0 00'00" 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 BOOK 560, PAGE 578 OF DEEDS; THENCE NORTH 24 0 20 1 17" WEST (NORTH 25 0 30'00" WEST DEED) 341.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 41 0 06 1 30" EAST 56.50 FEET; THENCE SOUTH 485330" EAST 20.00 FEET; THENCE SOUTH 41 0 06'30" WEST 65.64 FEET; THENCE NORTH 24 0 20 1 17" WEST 21.99 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 25, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MAY 19, 1980 AS FILE NO. 80-164050 OF OFFICIAL RECORDS. 15. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 22, 1981 AS FILE NO. 81-160502 OF OFFICIAL RECORDS, LOCATED WITHIN 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: PAGE 7 . 'l L. Rj cl ORDER NO. 1061953-22 COMMENCING AT A POINT, SAID POINT BEING POINT 7 OF SAID LOT 3 AS SHOWN ON SAID MAP NO. 823; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT J NORTH 8902511011 WEST (NORTH 89 0 22'33" WEST PER DEED) 1791.41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 0 34 1 50" WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 0 34'50" WEST 238.44 FEET; THENCE NORTH 21 0 12 1 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 0 47'30" A DISTANCE OF 264.04 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 53 0 00 1 00" EAST; THENCE NORTH 37 0 00 1 00" EAST 702.00 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 53'10" A DISTANCE OF 121.98 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 63 0 53'10" WEST; THENCE NORTH 63 0 53 1 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 0 53 1 10" A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 5300010011 WEST; THENCE SOUTH 37 0 00 1 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 15 0 47 1 30" A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68 0 47 1 30" EAST; THENCE SOUTH 21 0 12 1 30" WEST 232.57 FEET TO THE TRUE POINT OF BEGINNING. 16. AN EASEMENT FOR 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 AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JULY 15, 1981 AS FILE NO. 81-222452 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 6.00 FEET IN WIDTH LYING 300 FEET ON EACH SIDE OF THE CENTER LINE SHOWN ON THE EXHIBIT A ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 8 . ORDER NO. 1061953-22 17. AN EASEMENT FOR PUBLIC STREET, ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JANUARY 8, 1982 AS FILE NO. 82-005688 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 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, 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 89 0 25 1 10" WEST (NORTH 89°22'33" WEST PER DEED) 1791.41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 0 3450 11 WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 0 34 1 50" WEST 328.44 FEET; THENCE NORTH 21 0 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 154730" A. DISTANCE OF 264.04 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 53 0 00 1 00" EAST; THENCE NORTH 3700 1 00" EAST 702.00 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 53 1 10" A DISTANCE OF 121.98 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 63 0 53 1 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 0 53 1 10" A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 53 0 00 1 00" WEST; THENCE SOUTH 37 0 00 1 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 15 0 47 1 30" A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68 0 47'30" EAST; THENCE SOUTH 21 0 12 1 30" WEST 232.57 FEET TO THE TRUE. POINT OF BEGINNING. 18. AN EASEMENT FOR ROAD EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED NOVEMBER 19, 1982 AS FILE NO. 82-357616 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF SAID LAND LYING WITHIN TAMARACK AVENUE AND GLASGOW DRIVE. 19. AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 23, 1982 AS FILE NO. 82-362091 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL I - PERMANENT PIPELINE EASEMENT PAGE 9 ORDER NO. 1061953-22 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 CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 65 11 , SAID EASEMENT AS DESCRIBED IN DEED RECORDED JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30 1 34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT; THENCE SOUTH 83 0 03 1 43" WEST 62.00 FEET MORE OR LESS TO THE CENTER LINE INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS FILE NO. 80-024459 OF OFFICIAL RECORDS (CASE NO. 422, CITY OF CARLSBAD); THENCE ALONG THE CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51 1 53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CENTER LINE OF ELM AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45'19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22 1 48" WEST 825.88 FEET TO THE CENTER LINE 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 1 12" WEST; THENCE CONTINUING ALONG THE CENTER LINE OF ELM AVENUE PER CERTIFICATE SOUTH 71 0 22 1 48" WEST 300.00 FEET TO A POINT OF INTERSECTION; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 76 0 28 1 15" WEST 940.87 FEET TO POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF SAID PARCEL 1A, SAID INTERSECTING BOUNDARY LINE BEARS NORTH 24 0 25 1 10" WEST, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF 8EGINNING PARCEL C; THENCE LEAVING SAID CENTER LINE OF ELM AVENUE SOUTH 85 0 09'39" WEST 472.74 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO CARROLL ELMER BORDEN, RECORDED FEBRUARY 3, 1912 IN BOOK 560, PAGE 478 OF DEEDS, SAID LINE BEARS NORTH 24 0 22 1 57" WEST (PER CARLSBAD TRACT NO. 74-14(A), NAP NO. 8585, BOUNDARY LINE BEARS NORTH 24 0 20'17" 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 AS FILE NO. 79-009449 OF OFFICIAL RECORDS. 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. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 10 A l ORDER NO. 1061953-22 20. AN EASEMENT FOR FACILITIES CONSISTING OF UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES, GRANTEE ALSO HAS THE RIGHT OF INGRESS, EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED MARCH 17, 1983 AS FILE NO. 83-084883 OF OFFICIAL RECORDS, AS DESCRIBED IN PARCELS "A" AND "B" BELOW: PARCEL ttAII: THAT CERTAIN STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT NO. 76-12, CALAVEPA HILLS, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH 6003713211 WEST, 250.22 FEET FROM AN ANGLE POINT IN THE BOUNDARY THEREIN; THENCE LEAVING SAID MOST NORTHERLY CORNER NORTH 24 0 49 1 11" EAST, 410.47 FEET .TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 36 0 09'58" WEST, 22.95 FEET TO A POINT HEREIN DESIGNATED POINT "A"; THENCE SOUTH 35 0 14 1 05" WEST, 150.00 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 81 0 29 1 41" WEST, 65.00 FEET. PARCEL B: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY, SHOWN AS EASEMENT AREA ON SAN DIEGO GAS AND ELECTRIC COMPANY'S DRAWING NO. L-1921, DATED NOVEMBER 19, 1982, ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES AS FOLLOWS: CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, THEREFORE OWNER SHALL NOT MAKE OR ALLOW ANY EXCAVATION OR FILL TO BE MADE WITHIN THIS EASEMENT WITHOUT FIRST NOTIFYING SAN DIEGO GAS AND ELECTRIC COMPANY AND OBTAINING PERMISSION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 21. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED APRIL 25, 1983 AS FILE NO. 83-131591 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 11 • ORDER NO. 1061953-22 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 NO. 9935, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, SAID CORNER BEING A POINT ON THE EASTERLY RIGHT OF WAY OF TAMARACK AVENUE AS SHOWN ON SAID MAP NO. 9935; THENCE NORTH 63 0 53 1 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 63 0 53'lO" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11024(3011 A DISTANCE OF 119.47 FEET; THENCE NORTH 14 0 42 1 20" EAST, 138.57 FEET TO THE BEGINNING OF A TANGENT 1,000.00-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 0 19 1 32" A DISTANCE OF 581.64 FEET; THENCE NORTH 18 0 37 1 12" WEST, 63.12 FEET TO A POINT HEREIN DESCRIBED AS POINT "All; THENCE CONTINUING NORTH 18 0 37 1 12" WEST, 210.50 FEET; THENCE SOUTH 71 0 22 1 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 0 05 1 26" A DISTANCE OF 133.27 FEET; THENCE SOUTH 76 0 28 1 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 11 0 47 1 33" A DISTANCE OF 144.07 FEET, SAID POINT BEING A RADIAL WHICH BEARS SOUTH 01 0 44 1 13" EAST; THENCE LEAVING SAID CURVE NORTH 24 0 25 1 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 RECORDED JANUARY 9, 1967 AS FILE NO. 2646 OF OFFICIAL RECORDS; THENCE RETRACING SOUTH 24°25 1 10" EAST, 69.27 FEET; THENCE SOUTH 10 0 48 1 01" EAST, 19.81 FEET TO THE POINT OF TERMINUS. PARCEL 2: 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 0 22 1 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 DISTRICT, SUCCESSOR IN INTEREST TO CARLSBAD MUNICIPAL WATER DISTRICT, BY DOCUMENT BY RECORDED JANUARY 9, 1967 AS FILE NO. 2646 OF OFFICIAL RECORDS. PAGE 12 cl • • ORDER NO. 1061953-22 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9336, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN EASEMENT FOR SEWER EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JUNE 14, 1983 AS FILE NO. 83- 198643 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL AS SHOWN ON PARCEL MAP NO. 11908, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL A. NORTH 0 0 3450 11 EAST, 350.08 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AT RIGHT ANGLE TO SAID EASTERLY BOUNDARY LINE, SOUTH 89°25 1 10" EAST 11.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31 0 30 1 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 0 00 1 00" A DISTANCE OF 76.79 FEET; THENCE NORTH 9 0 30 '00" EAST 224.21 FEET; THENCE NORTH 24 0 33 1 02" WEST 116.16 FEET TO THE POINT OF TERMINUS. 24. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED OCTOBER 20, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: OCTOBER 28, 1983 AS FILE NO. 83-391316 OF OFFICIAL RECORDS. 25. AN EASEMENT FOR PUBLIC STREET PURPOSES PLUS ADJACENT SLOPE AND EMBANKMENT RIGHTS AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED FEBRUARY 13, 1984 AS FILE NO. 84-053117 OF OFFICIAL RECORDS, LOCATED WITHIN ALL THAT PORTION OF SAID LAND LYING WITHIN ELM AVENUE AND VICTORIA AVENUE. THE GRANTOR FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, HEREBY WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HEREBY CONVEYED BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 13 cl . ORDER NO. 1061953-22 26. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MARCH 12, 1984 AS FILE NO. 84-088881 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY 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 COUNTY RECORDER OF SAN DIEGO COUNTY, NORTH 24°25 1 15" WEST 1057.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 65 0 34 1 45" EAST 180.00 FEET; THENCE NORTH 24 0 25 1 15" WEST 15.00 FEET; THENCE SOUTH 65 0 34 1 45" WEST 180.00 FEET TO THE AFOREMENTIONED EASTERLY BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH 24 0 25 1 15" EAST 15.00 FEET TO THE TRUE POINT OF 'BEGINNING. 27. AN EASEMENT FOR OPERATING A RECREATIONAL VEHICLE PARK AND INCIDENTAL PURPOSES IN FAVOR OF CALAVERA HILLS RECREATIONAL VEHICLE PARK, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, RECORDED AUGUST 21, 1985 AS FILE NO. 85-302781 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1983, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 0 0 36 1 38" EAST, 660.00 FEET; THENCE ALONG SAID BOUNDARY NORTH 0 0 36 1 38" EAST, 296.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH 0 0 36 1 38" EAST, 106.10 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 17°02 1 04" EAST, 85.12 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 485.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5°05'39 11 , 43.12 FEET; THENCE NORTH 11 0 56'25" EAST 100.00 FEET; THENCE NORTH 1 0 08 1 50" EAST, 40.00 FEET; THENCE NORTH 50 0 36 1 00" WEST, 30.00 FEET; THENCE SOUTH 89 0 10'10" WEST, 190.00 FEET; THENCE NORTH 82 0 39 1 50" WEST, 97.00 FEET; THENCE NORTH 8 0 47 1 00" EAST, 125.00 FEET; THENCE NORTH 5°11 1 42" WEST, 137.00 FEET; THENCE NORTH 85 0 22 1'03" EAST, 148.00 FEET; THENCE SOUTH 24 0 25 1 10" EAST 230.00 FEET; THENCE NORTH 5900915011 EAST, 440.00 FEET; THENCE SOUTH 49 0 00 1 00" EAST, 65.00 FEET; THENCE SOUTH 35 0 43 1 27" WEST 345.00 FEET; THENCE SOUTH PAGE 14 AMEj1 . . ORDER NO. 1061953-22 71°53 1 22" WEST, 145.00 FEET; THENCE SOUTH 11 0 56'25" WEST, 95.00 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 515.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5°05 1 39" 45.79 FEET; THENCE SOUTH 17 0 02 1 04" WEST, 186.90 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. AN EASEMENT FOR ELECTRICAL AND COMMUNICATIONS FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED AUGUST 25, 1986 AS FILE NO. 86-367153 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHEAST CORNER OF PARCEL "A" ACCORDING TO PARCEL MAP NO. 11908, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JANUARY 20, 1982; THENCE SOUTH 0 0 36 1 38" WEST (SOUTH 0°34 1 50" WEST RECORD) ALONG THE EASTERLY BOUNDARY OF SAID PARCEL "A" 327.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 21 0 04 1 03" EAST, 49.46 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 767.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 37 1 16" 142.18 FEET; THENCE NORTH 10 0 26 1 47" EAST 127.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°11'Ol" 11.43 FEET; THENCE NORTH 12 0 37 1 48" EAST 53.72 FEET TO A POINT OF TERMINUS. THE SIDELINES OF PARCEL "D" TO BE LENGTHENED OR SHORTENED TO MEET AT THE TRUE POINT OF BEGINNING ON SAID EASTERLY BOUNDARY LINE OF PARCEL "A" WHICH BEARS NORTH 21 0 04 1 03" EAST. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 29. A LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS DATED JUNE 3, 1985, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: FEBRUARY 26, 1987 AS FILE NO. 87-103169 OF OFFICIAL RECORDS. 30. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. PAGE 15 A 'I }: Ll ORDER NO. 1061953-22 RECORDED: OCTOBER 12, 1987 AS FILE NO. 87-574492 OF OFFICIAL RECORDS. 31. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 12, 1987 AS FILE NO. 87-574493 OF OFFICIAL RECORDS. 32. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 7, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: APRIL 13, 1990 AS FILE NO. 90-202007 OF OFFICIAL RECORDS. 33. AN AGREEMENT REGARDING PAYME] ET OF A PUBLIC FACILITIES FEE, DATED MARCH 13, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409613 OF OFFICIAL RECORDS. 34. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JUNE 27, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409614 OF OFFICIAL RECORDS. 35. A HOLD HARMLESS AGREEMENT DRAINAGE DATED JULY 19, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: AUGUST 16, 1990 AS FILE NO. 90-450020 OF OFFICIAL RECORDS. 36. AN AGREEMENT REGARDING TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 7, DATED JULY 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. PAGE 16 EXECUTED BY AND BETWEEN: RECORDED: AUGUST 20 1 1990 RECORDS. I ORDER NO. 1061953-22 LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. AS FILE NO. 90-455895 OF OFFICIAL 37. A CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS AGREEMENT DATED JULY 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: AUGUST 20, 1990 AS FILE NO. 90-455896 OF OFFICIAL RECORDS. 38. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. .10128, 10663, 10860, 10865, 11286, 11477, 11588 AND 11826, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF' THE HEREIN DESCRIBED PROPERTY. 39. AN EASEMENT FOR CABLE TELEVISION FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF DANIELS CABLEVISION INC., RECORDED SEPTEMBER 26, 1990 AS FILE NO. 90-526046 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 40. A LIEN FOR UNSECURED PROPERTY TAX IN FAVOR OF THE COUNTY OF SAN DIEGO, RECORDED MARCH 1, 1991 AS FILE NO. 91-0090575 OF OFFICIAL RECORDS, IN THE AMOUNT OF $29.72, AND ANY OTHER AMOUNTS DUE THEREUNDER. ACCOUNT NO. 90 917547; TAXPAYER: LYON! COP L E Y CARL S BAD ASSOCIATES. 41. A NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. 42. AN AGREEMENT NOT TO OPPOSE THE FORMATION OF AN ASSESSMENT MAINTENANCE DISTRICT FOR THE CONTINUED MAINTENANCE OF THE BUENA VISTA CREEK CHANNEL CT 83-19, 83-32, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JUNE 28, 1991 AS FILE NO. 91-0316459 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 17 A \l F: ORDER NO. 1061953-22 43. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $1,657,997.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MAY 28, 1992 AS FILE NO. 1992-0324369 OF OFFICIAL RECORDS. DATED: MAY 4, 1992 TRUSTOR: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. TRUSTEE: KENNETH A. HOXSIE BENEFICIARY: NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY AND C/O DEVELOPMENT ASSOCIATES AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. A PARTIAL RECONVEYANCE EXECUTED BY KENNETH A. HOXSIE, RECORDED JUNE 5, 1992 AS FILE NO. 1992-0351659 OF OFFICIAL RECORDS. SAID PARTIAL RECONVEYANCE RELEASES PARCELS 5 AND 6 OF THE PROPERTY DESCRIBED HEREIN. AN INSTRUMENT DATED JULY 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552105 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED JULY 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552106 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION ("NEL"), AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 1, 1992, RECORDED DECEMBER 31, 1992 AS FILE NO. 1992-0846012 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 44. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 13868, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 45. THE FACT THAT SAID LAND LIES WITHIN THE FACILITIES DISTRICT NO. 2 CARLSBAD UNIFIED SCHOOL DIST., AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 7, 1992 AS FILE NO. 1992-0637693 AND OCTOBER 7, 1992 AS FILE NO. 1992-0637694 BOTH OF OFFICIAL RECORDS. PAGE 18 A M E j / - S SAID FACILITIES DISTRICT NO. 2 WAS AMENDED BY INSTRUMENTS RECORDED FEBRUARY 2, 1993 AS FILE NO. (S) 1993-0066159 OF OFFICIAL RECORDS. 46. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09013 167-101-19 $7,675.40 PAID $7,675.40 PAID $530,604.00 PAGE 19 S S ORDER NO. 1061953-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF RANCHO AGUA HEDIONDA, AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1983 AS FILE NO. 83-157668 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER LOT C. OF CARLSBAD TRACT NO. 83-21 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11477, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 1,. 1986, SAID CORNER BEARING NORTH 700044211 EAST 515.00 FEET FROM THE NORTHWEST CORNER OF SAID RECORD OF SURVEY NO. 9336; THENCE ALONG THE WESTERLY LINE OF LOT C OF SAID MAP NO. 11477, SOUTH 42°46 1 18" EAST 95.60 FEET; THENCE SOUTH 43 0 00 1 00" EAST 380.00 FEET; THENCE SOUTH 03 0 30 1 00" EAST 190.00 FEET; THENCE SOUTH 31 0 30 1 00" EAST 360.00 FEET; THENCE SOUTH 15 0 00 1 00" EAST 140.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT C, SAID CORNER BEARING NORTH 28°37 1 41" WEST 60.70 FEET FROM THE NORTHWEST CORNER OF LOT A, OF CARLSBAD TRACT NO. 83-21 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11286, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 15, 1985; THENCE TO AND ALONG THE WESTERLY LINE OF SAID LOT A SOUTH 28 0 37 1 41" EAST 543.34 FEET TO THE NORTHWEST CORNER OF CARLSBAD TRACT NO. 82-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10860, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984; THENCE ALONG THE WESTERLY LINE OF SAID MAP NO. 10860 SOUTH 02°54 1 50" WEST 350.00 FEET; THENCE SOUTH 17 0 25 1 10" EAST 430.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE AND ITS SOUTHERLY PROLONGATION SOUTH 24 0 25 1 10" EAST 490.00 FEET TO A POINT ON THE CENTERLINE OF ELM AVENUE AS SHOWN ON SAID MAP NO. 10860, SAID POINT ALSO BEING THE NORTHWEST CORNER OF CARLSBAD TRACT NO. 82-8 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10663, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1983; THENCE ALONG THE WESTERLY LINE OF SAID MAP NO. 10663, SOUTH 10043 101 11 EAST 257.35 FEET; THENCE SOUTH 24 0 25 1 10" EAST 430.00 FEET; THENCE SOUTH 4805l2" EAST 200.00 FEET; THENCE SOUTH 24 0 25 1 10" EAST 300.00 FEET TO THE SOUTHWEST CORNER OF SAID MAP; THENCE CONTINUING ALONG THE BOUNDARY OF SAID MAP, NORTH 59°09'50" EAST 587.00 FEET; THENCE NORTH 43 0 26 1 16" EAST (NORTH 43°29 1 50" EAST PER MAP NO. 10663) 339.00 FEET; THENCE SOUTH 79 0 58 1 16" EAST 71.23 FEET (SOUTH 79°57 1 54" EAST 71.22 FEET PER SAID RECORD OF SURVEY NO. 9336; SOUTH 80 0 08 1 50" EAST 71.22 PAGE 20 ORDER NO. 1061953-22 FEET PER SAID MAP NO. 10663) TO A POINT ON THE ARC OF A NON-TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE WESTERLY, BEING A POINT ON THE CENTERLINE OF TAMARACK AVENUE AS SHOWN ON SAID MAP, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 0 17'40" EAST PER SAID RECORD OF SURVEY NO. 9336; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 33 0 19'32" A DISTANCE OF 581.64 FEET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 18°37l2" WEST 197.62 FEET; THENCE LEAVING SAID CENTERLINE AND THE BOUNDARY OF SAID MAP NO. 10663, NORTH 71°22 1 48" EAST 42.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID TAMARACK AVENUE AS SHOWN ON SAID RECORD OF SURVEY NO. 9336; THENCE ALONG SAID EASTERLY LINE, SOUTH 18 0 37 1 12" EAST 197.62 FEET TO THE BEGINNING OF A TANGENT 1042.00k FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 0 19 1 32" A DISTANCE OF 606.07 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14 0 42 1 20" WEST 138.62 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO AND ALONG THE NORTHWESTERLY LINE OF CARLSBAD TRACT NO. 76-12, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 16, 1980, THROUGH A CENTRAL ANGLE OF 22 0 17 1 40" A DISTANCE OF 249.81 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 37 0 00 1 00" WEST 702.00 FEET TO THE BEGINNING OF A TANGENT 958.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 0 47 1 30" A DISTANCE OF 264.04 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 0 12 1 30" WEST 455.94 FEET (455.73 FEET PER SAID MAP NO. 9935); THENCE LEAVING SAID MAP NO. 9935 AND SAID EASTERLY LINE OF TAMARACK AVENUE, ALONG SAID RECORD OF SURVEY NO. 9336, TO AND ALONG A PORTION OF THE EASTERLY LINE OF CARLSBAD TRACT NO. 84-14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11584, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 8, 1986, AND THE EASTERLY LINE 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, JANUARY 20, 1982 AS FILE NO. 82-016358 OF OFFICIAL RECORDS, NORTH 00 0 36 1 38" EAST (NORTH 00°34'50" EAST PER SAID MAP NO. 11584 AND SAID PARCEL MAP NO. 11908) 944.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL MAP; THENCE CONTINUING ALONG THE BOUNDARIES OF SAID PARCEL MAP NORTH 89 0 25 1 06" WEST 300.33 FEET (NORTH 89 0 25'10" WEST 300.00 FEET PER SAID PARCEL MAP); THENCE SOUTH 00 0 34 1 26 11 WEST 660.03 FEET (SOUTH 00-34 -54 11 WEST 660.00 FEET PER SAID RECORD OF SURVEY NO. 9336; SOUTH 00 0 34'50" WEST 660.00 FEET PER SAID PARCEL MAP) TO A POINT ON THE NORTHERLY LINE OF SAID MAP NO. 11584; THENCE ALONG SAID NORTHERLY LINE NORTH 89 0 25 1 06" WEST (NORTH 89°25 1 10" WEST PER SAID MAP NO. 11584) 317.29 FEET TO THE SOUTHEAST CORNER OF CARLSBAD TRACT NO. 84-35 UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11672, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 11, 1986; THENCE ALONG THE EASTERLY LINE OF SAID MAP NO. 11672, NORTH 00°35 1 22" PAGE 21 A N I Ej ORDER NO. 1061953-22 EAST 987.58 FEET (NORTH 00 °40 1 38" EAST 987.65 FEET PER SAID MAP); THENCE NORTH 24 0 22 1 59" WEST 517.37 FEET (NORTH 24 0 00 1 28" WEST 517.26 FEET PER SAID MAP) TO THE NORTHEAST CORNER OF SAID MAP; THENCE LEAVING SAID RECORD OF SURVEY NO. 9336, ALONG THE NORTHERLY LINE OF SAID MAP NO. 11672, SOUTH 82°57 1 05" WEST (SOUTH 82°59 1 47" WEST PER SAID MAP) 70.00 FEET TO THE SOUTHEAST CORNER OF CARLSBAD TRACT 82-14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10865, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 29, 1984; THENCE ALONG THE EASTERLY LINE OF SAID MAP NO. 10865, NORTH 242259" WEST (NORTH 24 0 20 1 17" WEST PER SAID MAP) 95.00 FEET; THENCE NORTH 05 0 02 1 00" WEST (NORTH 04°59 1 18" WEST) 28.72 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43 0 54'14" (43°54 1 12" PER SAID MAP) A DISTANCE OF 114.94 FEET; THENCE NORTH 4856 1 12" WEST (NORTH 48°53 1 30" WEST PER SAID MAP) 22.76 FEET; THENCE NORTH 41 -03 1 48" EAST (NORTH 41°06 1 30" EAST PER SAID MAP) 79.00 FEET; THENCE NORTH 24 0 22 1 59" WEST (NORTH 24°20'17" WEST PER SAID MAP), 65.97 FEET, TO A POINT ON AN ARC OF A NON-TANGENT 470.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG THE BOUNDARY LINE OF SAID MAP NO. 10865 THROUGH A CENTRAL ANGLE OF 09 0 31 1 43" A DISTANCE OF 78.16 FEET TO THE BEGINNING OF A COMPOUND 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88 0 32 1 56" A DISTANCE OF 38.64 FEET TO A POINT ON THE ARC OF A REVERSE 742.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 35 0 01 1 51" WEST PER SAID MAP; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 0 15 1 40" A DISTANCE OF 171.74 FEET; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID MAP, TO AND ALONG THE WESTERLY LINE OF SAID RECORD OF SURVEY NO. 9336, NORTH 24 0 22 1 59" WEST 710.87 FEET (NORTH 24°20 1 17" WEST 710.54 FEET PER SAID MAP) TO THE SOUTHEAST CORNER OF CARLSBAD TRACT NO. 74-4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10128, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 25, 1981; THENCE ALONG THE EASTERLY LINE OF SAID MAP, BEING THE WESTERLY LINE OF SAID RECORD OF SURVEY NO. 9336, NORTH 24 0 25 1 15" WEST 1805.09 FEET (NORTH 24°19 1 36" WEST 1805.03 FEET PER SAID MAP) TO THE NORTHEAST CORNER OF SAID MAP, BEING THE NORTHWEST CORNER OF SAID RECORD OF SURVEY NO. 9336; THENCE ALONG THE NORTHERLY LINE OF SAID RECORD OF SURVEY, NORTH 70°04 1 42" EAST 515.00 FEET TO THE POINT OF BEGINNING. 6/1/93 P. R. PAGE 22 ORDER NO. 1061953-22 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 FEBRUARY 16, 1993 THE WILLIAM LYON COMPANY 4490 VON KABMAN AVENUE NEWPORT BEACH, CALIFORNIA ATTN: SHIRLEY O'CONNOR YOUR REF: CALAVERA HILLS-H OUR ORDER NO. 1061953-22 RECEIVED APR 0 6 1993 CITY OF CALAD PLANNING IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ.. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) 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. DATED AS OF FEBRUARY 2, 1993 AT 7:3 LEE STEGALL/JFU - TITLE OF DIRECT DIAL PHONE 231-4664 PAGE 1 ' \l. / . I ORDER NO. 1061953-22 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-1993, A LIEN NOT YET DELINQUENT. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. A REPORT TO FOLLOW ON: BONDS OR ASSESSMENTS 5. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF AND RESERVED BY LIDO LAND CO., A COPARTNERSHIP COMPOSED OF ARTHUR WYNDHAM LEWIS, ANN LEWIS, ARTHUR WYNDHAM LEWIS, AS TRUSTEE FOR MARTHA EMILY LEWIS AND ARTHUR WYNDHAM LEWIS AS TRUSTEE FOR DOROTHY ANN LEWIS, RECORDED JANUARY 3, 1958 IN BOOK 6892, PAGE 516 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 2 ORDER NO. 1061953-22 THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE SOUTHWESTERLY LINE OF WHICH STRIP OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF ALL THAT PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION 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 NORTHEASTERLY CORNER OF SAID LOT "J"; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT, SOUTH 67°00 1 00" WEST, 3515.00 FEET; THENCE SOUTH 25 0 30' EAST, A DISTANCE OF 1115.70 FEET; THENCE PARALLEL WITH SAID NORTHWESTERLY LINE OF SAID LOT, NORTH 670000" EAST, 3304.88 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE ALONG SAID EASTERLY LINE, NORTH 14 0 45 1 31" WEST, (RECORD NORTH 13 0 25' WEST) 1326.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE THEREOF TO AND ALONG THE SOUTHWESTERLY LINE OF ALL THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, 25°30' EAST, TO A POINT WHERE SAID PROLONGATION VESTS THE SIDELINE OF AN EXISTING TRAVELED ROADWAY EXTENDING IN AN EASTERLY DIRECTION FROM THAT CERTAIN DEDICATED COUNTY ROAD SHOWN ON ROAD SURVEY MAP NO. 745, RECORDS OF AFORESAID COUNTY. THE NORTHEASTERLY LINE OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE THEREOF IN SAID PIPELINE OF SAID EXISTING TRAVELED ROADWAY. 6. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED APRIL 1, 1958 IN BOOK 7016, PAGE 536 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED JANUARY 5, 1959 IN BOOK 7427, PAGE 358 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. PAGE 3 ORDER NO. 1061953-22 8. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JANUARY 16, 1963 AS FILE NO. 9526 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 6892, PAGE 516 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO, THE CENTER LINE OF SAID RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT "3", DISTANT THEREON SOUTH 1°43 1 28" WEST, 1239.20 FEET FROM CORNER 5 OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 82 0 31 1 02 11 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 82 0 31 1 02" WEST, A DISTANCE OF 927.53 FEET; THENCE SOUTH 71 0 37 1 58" WEST, A DISTANCE OF 1120.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE RIGHT OF WAY HEREIN CONVEYED SHALL BE 12 FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE ABOVE DESCRIBED ROUTE OF SAID LINE OF POLES AND WIRES. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." NOTE: A PORTION OF SAID EASEMENT WAS QUITCLAIMED AND RELEASED BY INSTRUMENT RECORDED MARCH 8, 1983 AS FILE NO. 83-073423 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 9. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF GEORGE MERLI, ET AL, RECORDED MARCH 18, 1964 AS FILE NO. 49259 OF OFFICIAL RECORDS, LOCATED WITHIN THE EASTERLY 10 FEET OF FOLLOWING LAND: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 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 82 0 19 1 55" EAST (RECORD NORTH 82 0 00' EAST) 1535 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO BENTON C. CALDWELL AND WIFE, RECORDED AUGUST 15, 1951 IN BOOK 4205, PAGE 235 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 82°19 1 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 CARROLL ELMER BORDEN, BY DEED DATED FEBRUARY 3, 1912 AND RECORDED PAGE 4 A ' . . ORDER NO. 1061953-22 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 0 10 1 05" WEST (RECORD NORTH 25°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 SAID 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 0 20'30" WEST FROM THE ABOVE DESCRIBED NORTHWEST CORNER OF SAID LAND. 10. AN EASEMENT FOR THE RIGHT TO SPILL WATER IN PRESENTLY EXISTING NATURAL DRAINAGE CHANNELS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO. 2638 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF PARCEL 1. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. ALSO FOR A PIPELINE OR PIPELINES FOR THE PURPOSE OF DRAINAGE WATER, OVER A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 4 OF LOT "D" AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 01 0 46 1 56 EAST 2637.98 FEET TO POINT 5 OF SAID LOT "D"; THENCE NORTH 65 0 57 1 53" WEST 10.38 FEET; THENCE NORTH 24 0 02'07" EAST 427.94 FEET; THENCE NORTH 05 0 14 1 26" EAST 287.60 FEET; THENCE NORTH 18°02 1 37" EAST 497.21 FEET; THENCE SOUTH 71 0 57 1 23" EAST 75.00 FEET; THENCE NORTH 18 0 02 1 37" EAST 13.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 0 12 1 18" EAST 300 FEET. 11. AN EASEMENT FOR PIPELINE OR PIPELINES FOR THE PURPOSE OF CARRYING WATER AND INCIDENTAL PURPOSES IN FAVOR OF THE CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO. 2646 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 20 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 7, LOT J OF SAID PARTITION MAP NO. 823 OF RANCHO AGUA HEDIONDA; THENCE NORTH 01 0 46 1 56" EAST 2637.98 FEET TO POINT 1 OF SAID LOT J: THENCE NORTH 65 0 57 1 53" WEST 10.38 FEET; THENCE SOUTH 24 0 02'07" WEST 956.98 FEET TO A POINT HEREINAFTER REFERENCED AS POINT "A", THE TRUE POINT OF BEGINNING; THENCE NORTH 70 0 54 1 27" WEST 1134.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 0 35'17" AN ARC DISTANCE OF 127.72 FEET; THENCE LEAVING SAID CURVE SOUTH 72 0 30 1 16" WEST 734.61 FEET TO THE BEGINNING OF A TANGENT CURVE PAGE 5 A ME jj S . ORDER NO. 1061953-22 CONCAVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 0 29 1 44" AN ARC DISTANCE OF 91.61 FEET; THENCE LEAVING SAID CURVE WEST 43.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 0 21 1 30" AN ARC DISTANCE OF 92.01 FEET; THENCE LEAVING SAID CURVE SOUTH 63 0 38 1 30" WEST, 25.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 0 21 1 29" AN ARC DISTANCE OF 101.36 FEET; THENCE LEAVING SAID CURVE SOUTH 82 0 59 1 59" WEST 158.23 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 12. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF DON N. BOWXER, AS TRUSTEE OF THE ANN B. LEWIS TRUST, UNDER TRUST AGREEMENT DATED JUNE 1, 1970, RECORDED MARCH 25, 1975 AS FILE NO. 75-066648 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE SOUTHWESTERLY LINE OF SAID STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1 IN DEED TO DON N. BOWKER, AS TRUSTEE OF THE ANN B. LEWIS TRUST, UNDER TRUST AGREEMENT DATED JUNE 1, 1970, RECORDED MARCH 25, 1975 AS FILE NO. 75-066648 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 1, TO AND ALONG THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN DEED TO LIDO LAND COMPANY, RECORDED MAY 6 1 1955 IN BOOK 5632, PAGE 319 OF OFFICIAL RECORDS, SOUTH 25°30' EAST, TO A POINT OF INTERSECTION OF SAID SOUTHWESTERLY LINE WHICH MEETS THE SIDE LINE OF AN EXISTING TRAVELED ROADWAY EXTENDING IN AN EASTERLY DIRECTION FROM THAT CERTAIN DEDICATED COUNTY ROAD SHOWN ON ROAD SURVEY MAP NO. 745, RECORDS OF AFORESAID COUNTY. THE NORTHEASTERLY LINE OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE IN THE SOUTHEASTERLY LINE OF SAID PARCEL 1 FIRST ABOVE DESCRIBED AND IN SAID SIDELINES OF SAID EXISTING TRAVELLED ROADWAY. 13. AN EASEMENT FOR PIPE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 17, 1978 AS FILE NO. 78-497734 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 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 PAGE 6 A Mj S S ORDER NO. 1061953-22 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 0 59'47" EAST (NORTH 82 0 00 1 00" 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 BOOK 560, PAGE 578 OF DEEDS; THENCE NORTH 24 0 20'17" WEST (NORTH 25 0 30 1 00" WEST DEED) 341.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 41 0 06'30" EAST 56.50 FEET; THENCE SOUTH 48 0 53'30" EAST 20.00 FEET; THENCE SOUTH 41 0 06'30" WEST 65.64 FEET; THENCE NORTH 24 0 20'17" WEST 21.99 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. AN AGREEMENT REGARDING P YMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 25, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MAY 19, 1980 AS FILE NO. 80-164050 OF OFFICIAL RECORDS. 15. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 22, 1981 AS FILE NO. 81-160502 OF OFFICIAL RECORDS, LOCATED WITHIN A PARCEL OF LAND BEING A PORTION OF LOT 3 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 3 AS SHOWN ON SAID MAP NO. 823; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 3 NORTH 89 0 25 1 10" WEST (NORTH 89 0 22'33" WEST PER DEED) 1791.41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 0 34 1 50" WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 0 34 1 50" WEST 238.44 FEET; THENCE NORTH 21 0 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 0 47'30" A DISTANCE OF 264.04 FEET TO A POINT. TO WHICH A RADIAL LINE BEARS SOUTH 53 0 00'00" EAST; THENCE NORTH 37 10 00'00" EAST 702.00 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 53'lO" A DISTANCE OF 121.98 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 63 0 53 1 10" WEST; THENCE NORTH 63 0 53'10" WEST 84.00 FEET TO THE BEGINNING OF A TANGENT 558.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE, SOUTHERLY PAGE 7 . . ORDER NO. 1061953-22 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 53 1 10" A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 53 1 00'00" WEST; THENCE SOUTH 37 0 00 1 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 15 0 47 1 30" A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68°47'30" EAST; THENCE SOUTH 21 0 12 11 30" WEST 232.57 FEET TO THE TRUE POINT OF BEGINNING. 16. AN EASEMENT FOR 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 AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JULY 15, 1981 AS FILE NO. 81-222452 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 6.00 FEET IN WIDTH LYING 300 FEET ON EACH SIDE OF THE CENTER LINE SHOWN ON THE EXHIBIT A ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. AN EASEMENT FOR PUBLIC STREET, ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JANUARY 8, 1982 AS FILE NO. 82-005688 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 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, SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PAGE 8 . I ORDER NO. 1061953-22 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 89 0 25'lO" WEST (NORTH 89°22 1 33" WEST PER DEED) 1791.41 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 00 0 34 1 50" WEST 45.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 0 34 1 50" WEST 328.44 FEET; THENCE NORTH 21 0 12 1 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 0 47 1 30" A DISTANCE OF 264.04 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 53 0 00'00" EAST; THENCE NORTH 37 0 00 1 00" EAST 702.00 FEET TO THE BEGINNING OF A TANGENT 642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 53 1 10" A DISTANCE OF 121.98 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 63 0 53 1 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 0 5310 11 A DISTANCE OF 106.02 FEET TO A POINT TO WHICH A RADIAL LINE BEARS NORTH 53 0 00 1 00" WEST; THENCE SOUTH 37 0 00 1 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 15 0 47 1 30" A DISTANCE OF 287.19 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 68 0 47 1 30" EAST; THENCE SOUTH 21 0 12 1 30" WEST 232.57 FEET TO THE TRUE POINT OF BEGINNING. 18. AN EASEMENT FOR ROAD EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED NOVEMBER 19, 1982 AS FILE NO. 82-357616 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF SAID LAND LYING WITHIN TAMARACK AVENUE AND GLASGOW DRIVE. PAGE 9 A . . '1 ORDER NO. 1061953-22 19. AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 23, 1982 AS FILE NO. 82-362091 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 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 CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 65 11 , SAID EASEMENT AS DESCRIBED IN DEED RECORDED JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30 1 34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT; THENCE SOUTH 83 0 03 1 43" WEST 62.00 FEET MORE OR LESS TO THE CENTER LINE INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS FILE NO. 80-024459 OF OFFICIAL RECORDS (CASE NO. 422, CITY OF CARLSBAD); THENCE ALONG THE CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51 1 53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CENTER LINE OF ELM AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45 1 19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22 1 48" WEST 825.88 FEET TO THE CENTER LINE 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 1 12" WEST; THENCE CONTINUING ALONG THE CENTER LINE OF ELM AVENUE PER CERTIFICATE SOUTH 71 0 22 1 48" WEST 300.00 FEET TO A POINT OF INTERSECTION; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 76 0 28 1 15" WEST 940.87 FEET TO POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF SAID PARCEL 1A, SAID INTERSECTING BOUNDARY LINE BEARS NORTH 24 0 25'10" WEST, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING PARCEL C; THENCE LEAVING SAID CENTER LINE OF ELM AVENUE SOUTH 85 0 09 1 39" WEST 472.74 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO CARROLL ELMER BORDEN, RECORDED FEBRUARY 3, 1912 IN BOOK 560, PAGE 478 OF DEEDS, SAID LINE BEARS NORTH 24°22 1 57" WEST (PER CARLSBAD TRACT NO. 74-14(A), MAP NO. 8585, BOUNDARY LINE BEARS NORTH 24°20'17" 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 AS FILE NO. 79-009449 OF OFFICIAL RECORDS. SAID POINT ALSO BEING THE POINT OF TERMINATION OF PARCEL C. PAGE 10 AM •1 . . ORDER NO. 1061953-22 TOGETHER WITH A STRIP OF LAND 50.00 FEET IN WIDTH, LYING SOUTHERLY AND NORTHERLY OF THE ABOVE DESCRIBED LAND FOR SLOPE PURPOSES. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 20. AN EASEMENT FOR FACILITIES CONSISTING OF UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES, GRANTEE ALSO HAS THE RIGHT OF INGRESS, EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED MARCH 17, 1983 AS FILE NO. 83-084883 OF OFFICIAL RECORDS, AS DESCRIBED IN PARCELS "A" AND "B" BELOW: PARCEL "A": THAT CERTAIN STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING 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 THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH 60 0 37 1 32" WEST, 250.22 FEET FROM AN ANGLE POINT IN THE BOUNDARY THEREIN; THENCE LEAVING SAID MOST NORTHERLY CORNER NORTH 24 0 49'll" EAST, 410.47 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 36 0 09'58" WEST, 22.95 FEET TO A POINT HEREIN DESIGNATED POINT "A"; THENCE SOUTH 35 0 14'05" WEST, 150.00 FEET. ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 81 0 29'41" WEST, 65.00 FEET. PARCEL B: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY, SHOWN AS EASEMENT AREA ON SAN DIEGO GAS AND ELECTRIC COMPANY'S DRAWING NO. L-1921, DATED NOVEMBER 19, 1982, ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES AS FOLLOWS: CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, THEREFORE OWNER SHALL NOT MAKE OR ALLOW ANY EXCAVATION OR FILL TO BE MADE WITHIN THIS EASEMENT WITHOUT FIRST NOTIFYING SAN DIEGO GAS AND ELECTRIC COMPANY AND OBTAINING PERMISSION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 11 . . ORDER NO. 1061953-22 21. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED APRIL 25, 1983 AS FILE NO. 83-131591 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 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 NO. 9935, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, SAID CORNER BEING APOINT ON THE EASTERLY RIGHT OF WAY OF TAMARACK AVENUE AS SHOWN ON SAID MAP NO. 9935; THENCE NORTH 63 0 53 1 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 63 0 53 1 10" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 0 24 1 30" A DISTANCE OF 119.47 FEET; THENCE NORTH 14 0 42 1 20" EAST, 138.57 FEET TO THE BEGINNING OF A TANGENT 1,000.00-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 0 19 1 32" A DISTANCE OF 581.64 FEET; THENCE NORTH 18 0 37'12" WEST, 63.12 FEET TO A POINT HEREIN DESCRIBED AS POINT "A"; THENCE CONTINUING NORTH 18 0 37 1 12" WEST, 210.50 FEET; THENCE SOUTH 71 0 22 1 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 0 05'26" A DISTANCE OF 133.27 FEET; THENCE SOUTH 76 0 28 1 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 11 0 47 1 33" A DISTANCE OF 144.07 FEET, SAID POINT BEING A RADIAL WHICH BEARS SOUTH 01 0 44 1 13" EAST; THENCE LEAVING SAID CURVE NORTH 24 0 25 1 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 RECORDED JANUARY 9, 1967 AS FILE NO. 2646 OF OFFICIAL RECORDS; THENCE RETRACING SOUTH 24 0 25 1 10" EAST, 69.27 FEET; THENCE SOUTH 10 0 48 1 01" EAST, 19.81 FEET TO THE POINT OF TERMINUS. PARCEL 2: 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 0 22 1 48" EAST 72.33 FEET TO THE POINT OF TERMINUS. SAID POINT PAGE 12 ORDER NO. 1061953-22 OF TERMINUS 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 BY RECORDED JANUARY 9, 1967 AS FILE NO. 2646 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9336, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN EASEMENT FOR SEWER EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JUNE 14, 1983 AS FILE NO. 83- 198643 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL AS SHOWN ON PARCEL MAP NO. 11908, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL A, NORTH 0 0 34 1 50" EAST, 350.08 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AT RIGHT ANGLE TO SAID EASTERLY BOUNDARY LINE, SOUTH 89 0 25'10" EAST 11.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31 0 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 0 00'00" A DISTANCE OF 76.79 FEET; THENCE NORTH 9 0 30'00" EAST 224.21 FEET; THENCE NORTH 24 0 33102" WEST 116.16 FEET TO THE POINT OF TERMINUS. 24. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED OCTOBER 20, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: OCTOBER 28, 1983 AS FILE NO. 83-391316 OF OFFICIAL RECORDS. 25. AN EASEMENT FOR PUBLIC STREET PURPOSES PLUS ADJACENT SLOPE AND EMBANKMENT RIGHTS AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED FEBRUARY 13, 1984 AS FILE NO. 84-053117 OF OFFICIAL RECORDS, LOCATED WITHIN ALL THAT PORTION OF SAID LAND LYING WITHIN ELM AVENUE AND VICTORIA AVENUE. THE GRANTOR FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, HEREBY WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HEREBY CONVEYED BY REASON PAGE 13 A Ni Lj ORDER NO. 1061953-22 OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MARCH 12, 1984 AS FILE NO. 84-088881 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY 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 COUNTY RECORDER OF SAN DIEGO COUNTY, NORTH 24 0 25 1 15" WEST 1057.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 6534 1 45" EAST 180.00 FEET; THENCE NORTH 24 0 25'15" WEST 15.00 FEET; THENCE SOUTH 65 0 34'45" WEST 180.00 FEET TO THE AFOREMENTIONED EASTERLY BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH 24 0 25'15" EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING. 27. AN EASEMENT FOR OPERATING A RECREATIONAL VEHICLE PARK AND INCIDENTAL PURPOSES IN FAVOR OF CALAVERA HILLS RECREATIONAL VEHICLE PARK, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, RECORDED AUGUST 21, 1985 AS FILE NO. 85-302781 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 1983, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 0 0 36'38" EAST, 660.00 FEET; THENCE ALONG SAID BOUNDARY NORTH 003638I EAST, 296.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH 0 0 36 1 38" EAST, 106.10 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 17 0 02 1 04" EAST, 85.12 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 485.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5°05 1 39", 43.12 FEET; THENCE NORTH 11 0 56 1 25" EAST 100.00 FEET; THENCE NORTH 1 0 08 1 50" EAST, 40.00 FEET; THENCE NORTH 5036 1 00" WEST, 30.00 FEET; THENCE SOUTH 89 0 10 1 10" WEST, 190.00 FEET; THENCE NORTH 82 0 39 1 50" WEST, PAGE 14 AMEj 1 ORDER NO. 1061953-22 97.00 FEET; THENCE NORTH 8 0 47'00" EAST, 125.00 FEET; THENCE NORTH 5°11 1 42" WEST, 137.00 FEET; THENCE NORTH 85 0 22'03" EAST, 148.00 FEET; THENCE SOUTH 24 0 25 1 10" EAST 230.00 FEET; THENCE NORTH 59°09 1 50" EAST, 440.00 FEET; THENCE SOUTH 49 0 00 1 00" EAST, 65.00 FEET; THENCE SOUTH 35 0 43 1 27" WEST 345.00 FEET; THENCE SOUTH 71 0 53 1 22" WEST, 145.00 FEET; THENCE SOUTH, 11 0 56 1 25 11 WEST, 95.00 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 515.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5 0 05 1 39" 45.79 FEET; THENCE SOUTH 17 0 0204" WEST, 186.90 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. AN EASEMENT FOR ELECTRICAL AND COMMUNICATIONS FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED AUGUST 25, 1986 AS FILE NO. 86-367153 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHEAST CORNER OF PARCEL "A" ACCORDING TO PARCEL MAP NO. 11908, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JANUARY 20, 1982; THENCE SOUTH 003613811 WEST (SOUTH 003415011 WEST RECORD) ALONG THE EASTERLY BOUNDARY OF SAID PARCEL "A" 327.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY NORTH 21 0 04 1 03" EAST, 49.46 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 767.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 37 1 16" 142.18 FEET; THENCE NORTH 10 0 26 1 47" EAST 127.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2 0 11'0l" 11.43 FEET; THENCE NORTH 12037 148H EAST 53.72 FEET TO A POINT OF TERMINUS. THE SIDELINES OF PARCEL "D" TO BE LENGTHENED OR SHORTENED TO MEET AT THE TRUE POINT OF BEGINNING ON SAID EASTERLY BOUNDARY LINE OF PARCEL "A" WHICH BEARS NORTH 21 0 04'03" EAST. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 29. A LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS DATED JUNE 3, 1985, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: FEBRUARY 26, 1987 AS FILE NO. 87-103169 OF OFFICIAL RECORDS. PAGE 15 A M. i I / . ORDER NO. 1061953-22 30. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 12, 1987 AS FILE NO. 87-574492 OF OFFICIAL RECORDS. 31. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 12, 1987 AS FILE NO. 87-574493 OF OFFICIAL RECORDS. 32. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 7, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: APRIL 13, 1990 AS FILE NO. 90-202007 OF OFFICIAL RECORDS. 33. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED MARCH 13, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409613 OF OFFICIAL RECORDS. 34. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JUNE 27, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409614 OF OFFICIAL RECORDS. 35. A HOLD HARMLESS AGREEMENT DRAINAGE DATED JULY 19, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. PAGE 16 E ORDER NO. 1061953-22 RECORDED: AUGUST 16, 1990 AS FILE NO. 90-450020 OF OFFICIAL RECORDS. 36. AN AGREEMENT REGARDING TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 7, DATED JULY 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: AUGUST 20, 1990 AS FILE NO. 90-455895 OF OFFICIAL RECORDS. 37. A CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS AGREEMENT DATED JULY 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: AUGUST 20, 1990 AS FILE NO. 90-455896 OF OFFICIAL RECORDS. 38. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 10128, 10663, 10860, 10865, 11286, 11477, 11588 AND 11826, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 39. AN EASEMENT FOR CABLE TELEVISION FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF DANIELS CABLEVISION INC., RECORDED SEPTEMBER 26, 1990 AS FILE NO. 90-526046 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 40. A LIEN FOR UNSECURED PROPERTY TAX IN FAVOR OF THE COUNTY OF SAN DIEGO, RECORDED MARCH 1, 1991 AS FILE NO. 91-0090575 OF OFFICIAL RECORDS, IN THE AMOUNT OF $29.72, AND ANY OTHER AMOUNTS DUE THEREUNDER. ACCOUNT NO. 90 917547; TAXPAYER: L Y 0 N / C 0 P L E Y CARL S BAD ASSOCIATES. 41. A NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. PAGE 17 . S ORDER NO. 1061953-22 42. AN AGREEMENT NOT TO OPPOSE THE FORMATION OF AN ASSESSMENT MAINTENANCE DISTRICT FOR THE CONTINUED MAINTENANCE OF THE BUENA VISTA CREEK CHANNEL CT 83-19, 83-32, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JUNE 28, 1991 AS FILE NO. 91-0316459 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 43. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUN OF $1,657,997.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MAY 28, 1992 AS FILE NO. 1992-0324369 OF OFFICIAL RECORDS. DATED: MAY 4, 1992 TRUSTOR: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. TRUSTEE: KENNETH A. HOXSIE BENEFICIARY: NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY AND C/O DEVELOPMENT ASSOCIATES AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. A PARTIAL RECONVEYANCE EXECUTED BY KENNETH A. HOXSIE, RECORDED JUNE 5, 1992 AS FILE NO. 1992-0351659 OF OFFICIAL RECORDS. SAID PARTIAL RECONVEYANCE RELEASES PARCELS 5 AND 6 OF THE PROPERTY DESCRIBED HEREIN. AN INSTRUMENT DATED JULY 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552105 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/0 DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED JULY 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552106 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION ("NEL"), AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 1, 1992, RECORDED DECEMBER 31, 1992 AS FILE NO. 1992-0846012 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. PAGE 18 A Nij. j I . . ORDER NO. 1061953-22 44. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 13868, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 45. THE FACT THAT SAID LAND LIES WITHIN THE FACILITIES DISTRICT NO. 2 CARLSBAD UNIFIED SCHOOL DIST., AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 7, 1992 AS FILE NO. 1992-0637693 AND OCTOBER 7, 1992 AS FILE NO. 1992-0637694 BOTH OF OFFICIAL RECORDS. 46. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09013 167-101-19 $7,675.40 PAID $7,675.40 OPEN $530,604.00 $-0-- PAGE 19 r ORDER NO. 1061953-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: BEING A SUBDIVISION OF A PORTION OF LOTS "E", AND "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE OF PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN THEREON AS NORTH 01 0 57 1 58" EAST, 610.78 FEET; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING COURSES: SOUTH 01 0 57 1 58" WEST, 610.78 FEET; THENCE NORTH 14 0 20 1 05" WEST, 173.76 FEET; THENCE SOUTH 55 0 38 1 49" WEST, 223.72 FEET; THENCE SOUTH 06°47 1 57" WEST, 453.91 FEET; THENCE SOUTH 23020I3911 WEST, 178.18 FEET; THENCE SOUTH 67 0 30 1 58" WEST, 104.71 FEET; THENCE SOUTH 06°54 1 33" WEST, 213.56 FEET; THENCE SOUTH 35 0 11 1 39" WEST, 151.59 FEET; THENCE NORTH 72 0 22 1 13" WEST, 179.56 FEET; THENCE NORTH 59 0 48 1 28" WEST 130.94 FEET; THENCE NORTH 10 0 25'27" WEST, 66.69 FEET; THENCE NORTH 79 0 42 1 34" WEST, 118.91 FEET; THENCE NORTH 43 0 09 1 17" WEST, 153.79 FEET; THENCE NORTH 81 0 24 1 19" WEST, 96.93 FEET; THENCE SOUTH 07 0 40 1 28" WEST, 190.85 FEET; THENCE SOUTH 08 0 24'37" EAST, 203.13 FEET; THENCE SOUTH 28 0 28 1 28" EAST, 327.62 FEET; THENCE SOUTH 13 0 32 1 31" WEST, 98.52 FEET; THENCE SOUTH 59 0 25 1 58" WEST, 133.58 FEET; THENCE SOUTH 15 0 38 1 47" WEST, 352.73 FEET; THENCE SOUTH 57 0 48 1 41" EAST, 56.66 FEET; THENCE SOUTH 00 0 21 1 43" WEST, 2,179.75 FEET; THENCE NORTH 89 0 36 1 10" WEST, 265.41 FEET; THENCE SOUTH 01 0 15 1 40" WEST, 150.31 FEET; THENCE SOUTH 09 0 46 1 52" WEST, 112.81 FEET; THENCE SOUTH 20°51 1 39" WEST, 126.01 FEET; THENCE SOUTH 14 0 46 1 34" WEST, 57.07 FEET; THENCE SOUTH 07 0 13 1 08" WEST, 135.35 FEET; THENCE SOUTH 11 0 37 1 59" WEST, 65.22 FEET; THENCE SOUTH 14°43'll" WEST, 159.95 FEET; THENCE SOUTH 21 0 37'29" WEST, 190.15 FEET; THENCE SOUTH 13 0 43 1 44" WEST, 781.93 FEET; THENCE NORTH 89 0 25 1 15" WEST, 2,080.35 FEET TO THE SOUTHEAST CORNER OF LOT 140 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, DECEMBER 16, 1980; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336 AS FOLLOWS: NORTH 01 0 43 1 19" EAST, 610.00 FEET; THENCE NORTH 23 0 12 1 02" WEST, 720.30 FEET; THENCE SOUTH 78 0 12 1 06" EAST, 319.76 FEET; THENCE SOUTH PAGE 20 . ORDER NO. 1061953-22 48 0 43 1 39" EAST, 335.00 FEET; THENCE NORTH 48 0 46'21" EAST, 250.00 FEET; THENCE SOUTH 81 0 13'39" EAST, 210.00 FEET; THENCE NORTH 08 0 46'2i." EAST, 980.00 FEET; THENCE NORTH 24 0 13 1 39" WEST, 770.00 FEET TO A TANGENT 1,000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 301.73 FEET THROUGH AN ANGLE OF 17 0 17 1 17"; THENCE LEAVING SAID CURVE SOUTH 69 0 28'42" WEST, 1,408.19 FEET TO A POINT ON THE ARC OF A 1,042 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY ON THE EASTERLY LINE OF TAMARACK AVENUE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 85 0 33 1 46" EAST, TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 186.74 FEET, THROUGH AN ANGLE OF 10°16 1 06"; THENCE TANGENT TO SAID CURVE SOUTH 14°42 1 20" WEST, 138.62 FEET TO A TANGENT 642 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 249.81 FEET THROUGH AN ANGLE OF 22 0 17'40 11 ; THENCE TANGENT TO SAID CURVE, SOUTH 37°00 1 00" WEST, 702.00 FEET TO A TANGENT 958 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 264.04 FEET THROUGH AN ANGLE OF 15 0 47 1 30"; THENCE TANGENT TO SAID CURVE SOUTH, 21°12 1 30" WEST, 455.94 FEET; THENCE NORTH 00 0 36 1 38" EAST, 944.30 FEET; THENCE NORTH 89 0 25 1 06" WEST, 300.33 FEET; THENCE SOUTH 00 0 34 1 54" WEST, 660.00 FEET; THENCE NORTH 89 0 25 1 06" WEST 317.29 FEET; THENCE NORTH 00 0 35 1 22" EAST, 987.58 FEET; THENCE NORTH 24 0 22'59" WEST, 517.37 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CEDRIC E. SANDERS, RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475916 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 82 0 57 1 05" WEST, RECORD SOUTH 82°59 1 47" WEST, 70.00 FEET; THENCE NORTH 24 0 22 1 59" WEST, RECORD NORTH 24 0 20 1 17" WEST, 95.00 FEET; THENCE NORTH 05 0 02 1 00" WEST, RECORD NORTH 04°59 1 18" WEST, 28.72 FEET TO A TANGENT 150 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 114.94 FEET THROUGH AN ANGLE OF 43 0 54 1 14"; THENCE TANGENT TO SAID CURVE, NORTH 48°56 1 14" WEST, RECORD NORTH 48 0 53 1 30" WEST, 22.76 FEET; THENCE NORTH 41 0 03 1 39" EAST, RECORD NORTH 41 0 06'30" EAST, 79.00 FEET TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID LINE NORTH 24 0 22 1 59" WEST, 66.33 FEET TO AN ANGLE POINT ON THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO MC NILLIN DEVELOPMENT, INC., RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475914 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 470 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 48 0 56 1 10" EAST, (DEED RECORD SOUTH 48 0 53 1 30" EAST), TO SAID POINT; THENCE ALONG THE BOUNDARY LINE OF SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 78.16 FEET THROUGH AN ANGLE OF 09 0 31 1 42" TO A POINT OF COMPOUND CURVATURE WITH A CURVE, HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 38.64 FEET THROUGH AN ANGLE OF 82 0 32 1 59" TO A POINT OF REVERSED CURVATURE WITH A CURVE, HAVING A RADIUS OF 742 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 171.74 FEET, THROUGH AN ANGLE OF 13 0 15 1 39" TO BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY LINE THEREOF AS FOLLOWS: THENCE NORTH 24 0 22'59" WEST, 710.52 FEET TO AN ANGLE POINT THEREON; PAGE 21 ORDER NO. 1061953-22 THENCE NORTH 24 0 25 1 15" WEST, 1,805.09 FEET; THENCE NORTH 70004 '42" EAST, 515.00 FEET; THENCE SOUTH 42 0 46 1 18" EAST 95.60 FEET; THENCE SOUTH 43 0 00 1 00" EAST, 380.00 FEET; THENCE SOUTH 03 0 30 1 00" EAST, 190.00 FEET; THENCE SOUTH 31 0 3 11 EAST, 360.00 FEET; THENCE SOUTH 15°00 1 00" EAST, 140.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 28 0 37 1 41" EAST, 60.70 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH 28°37 1 41" EAST, 482.64 FEET; THENCE SOUTH 02 0 54 1 50" WEST, 350.00 FEET; THENCE SOUTH 17 0 25 1 10" EAST, 430.00 FEET; THENCE SOUTH 24 0 25 1 10" EAST, 490.00 FEET; THENCE SOUTH 10°43 1 01" EAST, 257.35 FEET; THENCE SOUTH 24 0 25 1 10" EAST, 430.00 FEET; THENCE SOUTH 48 0 05 1 12" EAST, 200.00 FEET; THENCE SOUTH 24°25 1 10" EAST, 300.00 FEET; THENCE NORTH 59 0 09 1 50" EAST 587.00 FEET; THENCE NORTH 43 0 26 1 16" EAST, 339.00 FEET; THENCE SOUTH 79 0 57 1 54" EAST, 71.22 FEET TO A POINT ON THE ARC OF A 1,000 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 75 0 17 1 40" EAST TO SAID POINT, BEING A POINT ON THE CENTER LINE OF TAMARACK AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 581.64 FEET, THROUGH AN ANGLE OF 33 0 19 1 32"; THENCE TANGENT TO SAID CURVE NORTH 18°37 1 12" WEST, 583.42 FEET TO AN ANGLE POINT; THENCE LEAVING SAID BOUNDARY NORTH 18 0 37 1 12" WEST, 378.89 FEET TO A TANGENT 300 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 78.73 FEET THROUGH AN ANGLE OF 15°02'll" TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY NORTH 79 0 14 1 50" EAST, 611.45 FEET TO AN ANGLE POINT; THENCE SOUTH 87 0 15 1 10" EAST, 77.00 FEET; THENCE LEAVING SAID BOUNDARY NORTH 04-01 1 32"EAST, 507.85 FEET TO A POINT IN SAID BOUNDARY DISTANT THEREON SOUTH 80 0 35 1 00" EAST, 92.15 FEET FROM AN ANGLE POINT THEREON; THENCE ALONG SAID BOUNDARY AS FOLLOWS: NORTH 80 0 35 1 00" WEST, 92.15 FEET; THENCE NORTH 21 0 05'00" WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 129 0 05 1 00 11 , 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 NORTHERLY; THENCE COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79 0 57 1 49 11 , A DISTANCE OF 69.78 FEET TO A POINT OF REVERSE CURVATURE WITH A 2,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 61°57 1 49" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 42 1 39 11 , A DISTANCE OF 548.41 FEET TO A POINT IN THE ARC OF SAID CURVE, TO WHICH A RADIAL LINE BEARS NORTH 46°15'10" WEST; THENCE ALONG A NON-TANGENT LINE NORTH 59 0 51 1 57" EAST, 804.25 FEET; THENCE NORTH 13 0 27 1 33" WEST, 360.00 FEET TO THE NORTH LINE OF SAID RECORD OF SURVEY NO. 9336; THENCE NORTH 89°19'07" EAST, 1,113.53 FEET; THENCE NORTH 89 0 19 1 35" EAST, 2,580.31 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT D DESCRIBED AS FOLLOWS: PAGE 22 • • - ORDER NO. 1061953-22 BEGINNING AT A POINT ON THE CENTER LINE INTERSECTION OF ELM AVENUE AND COLLEGE BOULEVARD, SAID POINT BEING A POINT ON CURVE OF COLLEGE BOULEVARD AND HAVING A RADIUS OF 1,000 FEET, CONCAVE EASTERLY, WITH A RADIAL LINE THAT BEARS NORTH 73 0 51'53" WEST; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE CENTER LINE OF SAID CURVE AND COLLEGE BOULEVARD, THROUGH A CENTRAL ANGLE OF 3°40 1 08", AN ARC DISTANCE OF 64.03 FEET; THENCE LEAVING SAID CENTER LINE OF COLLEGE BOULEVARD ON A RADIAL LINE OF SAID CURVE, SOUTH 70°11 1 45" EAST, 51.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AND TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THAT CERTAIN 30 FOOT WIDE SAN DIEGO COUNTY WATER AUTHORITY EASEMENT RECORDED ON JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS AND QUITCLAIMED TO COSTA REAL MUNICIPAL WATER DISTRICT ON JULY 19, 1982 AS FILE NO. 82- 220671 OF OFFICIAL RECORDS. SAID NORTHERLY EASEMENT LINE BEARS SOUTH 79°29 1 26" WEST, SAID POINT OF INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE OF COLLEGE BOULEVARD IN A NORTHEASTERLY DIRECTION ALONG A 949 FOOT RADIUS CURVE, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 7°50 1 55 11 , AN ARC DISTANCE OF 130.00 FEET; THENCE LEAVING. SAID RIGHT OF WAY LINE ON A RADIAL LINE OF SAID CURVE, SOUTH 62 0 20 1 50" EAST, 70.00 FEET; THENCE SOUTH 10 0 30 1 34" EAST, 64.14 FEET TO A POINT ON THE NORTHERLY LINE OF SAID CERTAIN 30.00 FOOT WIDE EASEMENT; THENCE ALONG THE NORTHERLY LINE OF SAID CERTAIN 30.00 FOOT WIDE EASEMENT SOUTH 79 0 29 1 26" WEST, 128.12 FEET TO THE TRUE POINT OF BEGINNING,AS CONVEYED TO COSTA REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED NOVEMBER 23, 1982 AS FILE NO. 82-362092 AND RE-RECORDED MARCH 30, 1983 AS FILE NO. 83-099713, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT D DESCRIBED AS FOLLOWS: COMMENCING AT POINT NO. 5 OF LOT "D" AS SHOWN ON SAID PARTITION MAP NO. 823; THENCE NORTH 13 0 27 1 35" WEST, 1,079.76 FEET; THENCE NORTH 76 0 32 1 25" EAST, 541.71 FEET TO THE WESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED JANUARY 9, 1967 AS FILE NO. 2637 OF OFFICIAL RECORDS; THENCE SOUTH 72 0 06 1 54" EAST, 145.14 FEET TO THE SOUTHERLY CORNER OF SAID CARLSBAD MUNICIPAL WATER DISTRICT LAND, BEING A POINT ON A 122.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12 0 10 1 00" EAST, AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID CURVE, A CENTRAL ANGLE OF 05 0 54 1 43 11 , AN ARC DISTANCE OF 12.64 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 83 0 44 1 43" WEST, 63.67 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74 0 20'09", AN ARC DISTANCE OF 25.95 FEET TO THE BEGINNING OF A REVERSE 130.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18 0 49'51 1', AN ARC DISTANCE OF 42.73 FEET TO THE BEGINNING OF A REVERSE 122.50 FOOT RADIUS CURVE; THENCE CLOCKWISE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 298 0 35 1 00" AN ARC DISTANCE OF 638.38 TO THE TRUE POINT OF BEGINNING, AS CONVEYED TO PAGE 23 - ORDER NO. 1061953-22 COSTA REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED MAY 18, 1984 AS FILE NO. 84-186998 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81- 47 IN SAID CITY AND STATE ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69°28'42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 81-47 TO THE MOST NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE CONTINUING SOUTH 69°28 1 42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE; THENCE ALONG THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86- 075424 OF OFFICIAL RECORDS, NORTH 18°37'12" WEST, 460.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 71°22 1 46" WEST, 130.00 FEET; THENCE NORTH 18 0 37 1 12" WEST, 150.00 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 71 0 22 1 48" EAST, 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00 11 , 39.27 FEET; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS SOUTH 18 0 37 1 12" EAST, 125.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF LOT 3 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81- 47 IN SAID CITY AND STATE, ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 0 28 1 42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 81-47 TO THE MOST NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE, AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE CONTINUING SOUTH 69 0 28 1 42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 69 0 28 1 42" WEST, 623.26 FEET TO A POINT ON THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED JULY 24, 1985 AS FILE NO. 85- 263533 OF OFFICIAL RECORDS, SAID POINT BEING ON A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1,042.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85 0 33 1 46" EAST, THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF TAMARACK AVENUE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 0 03 1 26 11 , 419.33 FEET; THENCE NORTH 18 0 37 1 12" PAGE 24 . .. : M:2. •1 . L-1 ORDER NO. 1061953-22 WEST, 197.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00 1 00 11 , 39.27 FEET; THENCE ALONG THE SOUTHERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS NORTH 71°22 1 48" EAST, 384.68 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18 0 37'12" EAST, 150.00 FEET; THENCE NORTH 71°22 1 48" EAST, 130.00 FEET TO THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 18°37 1 12" EAST, 460.04 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THOSE PORTIONS OF LOTS "D" AND "J" DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 29 0 40 1 59" EAST, 420.00 FEET AND REPRESENTING THE CENTER LINE OF PROPOSED COLLEGE BOULEVARD AS SHOWN ON SHEET 2 OF 3 OF SAID RECORD OF SURVEY MAP NO. 9335; THENCE SOUTH 29 0 40'59" WEST, ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 AND ITS SOUTHWESTERLY PROLONGATION, A DISTANCE OF 586.52 FEET TO THE BEGINNING OF A TANGENT 1 1 000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°32 1 52 11 , A DISTANCE OF 236.45 FEET; THENCE LEAVING SAID CURVE NORTH 73 0 51 1 53" WEST, ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, A DISTANCE OF 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34 0 59'19"1 A DISTANCE OF 606.59 FEET; THENCE SOUTH 71022148 WEST, 825.88 FEET; THENCE AT RIGHT ANGLES NORTH 18 0 37'12" WEST, A DISTANCE OF 688.69 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°04 1 39 11 , A DISTANCE OF 78.95 FEET; THENCE LEAVING SAID CURVE ALONG A NON-TANGENT LINE NORTH 79 0 14 1 50" EAST, 611.50 FEET; THENCE SOUTH 87 0 15 1 10" EAST, 77.00 FEET; THENCE NORTH 04 0 01 1 32" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80 0 35'00" EAST, ALONG SAID BOUNDARY, A DISTANCE OF 1,147.85 FEET AND SOUTH 59 0 02 1 50" EAST, 373.81 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN ALL OF PARCEL MAP NO. 16233, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1990 AS FILE NO. 90-518471 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE PAGE 25 I 0 ORDER NO. 1061953-22 OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE T, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. PAGE 26 I. AGREEHENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this day of 19 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and THE WILLIAM LYON COMPANY, A CALIFORNIA CORPORATION, MANAGING PARTNER FOR LYON/COPLEY CARLSBAD ASSOC. (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and 20.24.180 permit Subdividers to request and City to approve, conditionally approve or deny extensions of time for the expiration of tentative maps or tentative parcel maps (hereinafter collectively called "Tentative Subdivision Maps") 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, modified 111 Cal. App. 3d 788 (1980) indicates that the Government Code (Subdivision Map Act) may not authorize City to impose new conditions; i.e., those which were not imposed on the tentative subdivision map, upon the extension of time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Section 20.12.100(d).and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings Aqre_m ,ts\AG-39.FRN 1 7/3191 Of 'S and that no final map or parcel map for any property covered by the tentative subdivision map shall be filed without first processing a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of time for Tentative Subdivision Map No. CARLSBAD TRACT 90-19 - which was initially approved on NOVEMBER 3, 1993 OF Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the construction of certain drainage facilities or thoroughfares are essential to protect and provide for the health, welfare, and safety of all of the present and future residents of City, including those who will reside in said subdivision. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee or major thoroughfare fee or both to provide the funds to construct the necessary drainage facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City has conducted studies which show the need to establish a public facilities fee in order to provide for public facilities to protect the public health, safety and welfare of the present and future residents of City and to ensure that public facilities to serve the development will be available concurrent with need as required by City's General Plan. Developer agrees to pay said fees and has executed a contract which is on file with the City Clerk to that effect. E:p Because the original approval of said Tentative Subdivision Map occurred prior to the adoption of the aforementioned fees, Agreesnents\AG-39.FRI4 2 713/91 ',0 •. City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. 9. Since the initial approval of said Tentative Subdivision Map there may have been changed circumstances which require additional conditions of approval on the extension of the Tentative Subdivision Map to protect the public health, safety and welfare, to mitigate affects on the environment or to ensure consistency of the extended map with the City's General Plan and Municipal Code. 10. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or ensure consistency with the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the imposition of conditions City may be required to deny Subdivider's request for extension to ensure that the public health, safety and welfare, or the environment are protected or that the General Plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision would be contrary to the best interests of the City and would threaten the City's ability to protect and provide for the public health, safety and welfare. Subdivider agrees that it is in the best interest of City and Subdivider that City be able to protect the public health, safety and welfare, or the environment or ensure consistency Agreeents\AG-39FRM 3 7/3/91 •. with the General Plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative subdivision map. Subdivider would then be required to incur substantial costs and time delays in processing a new tentative subdivision map approval of which would be subject to new conditions necessary to ensure consistency of the tentative subdivision map with the Subdivision Map Act, the California Environmental Quality Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City's General Plan and to protect the public health, safety and welfare. 13. City has reviewed the Subdivider's request for an extension of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not be contrary to the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants set forth herein, City and Subdivider agree as follows: 1. City agrees to extend Subdivider's Tentative Subdivision Map for one year subject to whatever new or revised conditions the City in its sole discretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned extension of Tentative Subdivision Map No. CARLSBAD TRACT 90-19 3. Subdivider knowing and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CARLSBAD TRACT 9019 which requires Agreements\AG-39.FRM 4 7/3/91 •. I. payment of any fees which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof and to the following additional conditions: A. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, issued and effective on April 22, 1986, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. B. This approval is expressly conditioned upon the subd.ivider !s compliance with any growth management system in effect at the time the final map is filed. Subdivider shall also pay or agree to pay (as decided by the City Council) all fees identified by the City Council as necessary to pay for the cost of providing facilities and improvements which are imposed pursuant to the growth management system or any other applicable laws. 4. The provisions of Carlsbad Municipal. Code Section 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map which is the subject of this agreement. 5. If this agreement is for an extension of a tentative subdivision map for a minor subdivision, the appeal of the City Engineer's approval, or conditional approval, of the extension by any party shall void this agreement unless the agreement is subsequently approved by the City Council. A9reesents\AG-39. FRI4 5 7/3/91 .O 6. Any action by Subdivider to challenge the legality of this agreement or any failure by Subdivider to pay the fees and comply with any other conditions applicable to the extension shall void the approval of such extension. The map shall not final and the development shall not proceed until a new tentative subdivision map has been approved. SUBDIVIDER CITY OF CARLSBAD, a municipal THE WILLIAM LYON CO., A CALIF. CORP. corporation MANAGING PARTNER FOR LYON/COPLEY CARLSBAD ASSOCIATES BY: BY:_____ * See Below MAYOR APPROVED AS TO FORM: RONALD R. BALL City Attorney Notarial acknowledgement of execution by subdivider must be attached. Affix corporate seal if appropriate. *Subdivider: Lyon/Copley Carlsbad Associates by: Audubo iates, Inc., its Managing General Partner by: 17/; Jo . n its c President Agrets'JG-39. FM 6 7/3/91 '..1(. •. ALL PURPOSE ACKNOWLEDGEMENT State of cki._Fbri-iUiPr ) CAPACITY CLAIMED BY SIGNER County of O1€*)& On _ (,'(Q before me, s--Ji fl1(i)) Y0 0 INDIVIDUAL(S) dA TE NAME. TrnE OFF10EP E .IANE DOE. NOTARY PUBUC 0 CORPORATE____________________ OFFICER(S)________________ personally appeared ()l)4410 7-MA-) nmss NAME(S) OF a&ER(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT personally known to me - OR - proved to me on the basis of satisfactory 0 TRUSTEE(S) evidence to be the person(s) whose name(s) 0 SUBSCRIBING WITNESS is/are subscribed to the within instrument and o GUARDIAN/CONSERVATOR acknowledged to me that he/she/they executed 0 OTHER:_____________________ the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SAX" SIGNA1gREOF ' ATTENTION NOTARY: Although the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document /i-/'Vl1' i/Mi U1- O PI-fifiiitk/ MUST BE ATTACHED Number of Pages Date of Document_______________________ TO THE DOCUMENT Signer(s) Other Than Named Above____________________________________________ DESCRIBED AT RIGHT: A9reeents\AG-39FR1 7 7/3/91 . 1. Limited Partner - New England Mutual Life Insurance Company C/O Copley Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02116 Co-General Partner - Audubon Associates, Inc. 4490 Von Karmen Newport Beach, CA 92660 Managing General Partner - Lyon Communities, Inc. 4490 Von Karmen Newport Beach, CA 92660 2. Limited Partner New England Mutual Life Insurance Company - Steven St. Thomas, CFO Copley Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02112 - James J. Evans Jr., Vice President Copely Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02112 Co-General Partner Audubon Associates, Inc. - William Lyon 4490 Von Karmen Newport Beach, CA 92660 - Dick Randall 4490 Von Karmen Newport Beach, CA 92660 - Richard Frankel 4490 Von Karmen Newport Beach, CA 92660 - Richard S. Robinson 4490 Von Karmen Newport Beach, CA 92660 0 . Manaciinc General Partner Lyon Communities, Inc. - William Lyon 4490 Von Karmen Newport Beach, CA 92660 - Dick Randall 4490 Von Karmen Newport Beach, CA 92660 - Richard Frankel 4490 Von Karmen Newport Beach, CA 92660 - Brian V. Norkaitas 4490 Von Karmen Newport Beach, CA 92660 3. General William Lyon Lyon Communities, Inc. 4490 Von Karmen Newport Beach, CA 92660 MM: ni C WO:346-34 WP:346.80b 9/13/90 S Carlsbad LA3 Municipal Water District lI 41 WATE 5950 El Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 December 15, 1989 Marybeth Murray Hunsaker & Associates San Diego, Inc. 10179 1-luennekens Street, Suite 200 San Diego, California 92121 Subj: Water Availability for Calavera Heights Villages R, H, L-2, K, U, W, X and Y Dear Marybeth: Responding to your request on December 4, 1989 for a water availability letter, the subject projects have been reviewed by the District Engineering Department, and we have the following comments 1. The entire potable and non-potable water systems for subject project be evaluated in detail to insure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. A com- plete water analysis shall be required for both systems. 2. The developer's engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 3. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. 4. The developer shall adhere to all the conditions of the Local Facilities Management Plan Zone 7 and and in particular to the phasing, whereas Service Area A water system must be completed and opera- tional. "Serving Carlsbad for over 35 years" S Page two Marybeth Murray Hunsaker & Associates December 15, 1989 5. The developer must address, resolve and/or construct the reclaimed water system. We ask that the above stated conditions be included as a condition of approval. If you have any questions, please do not hesitate in contacting the undersigned. Very truly yours, F. Enginee ng Manag r FJW sjs I I PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applic Staff Date: To be stapled with receipt to application Copy for file FA CITY OF CARLSBAD - 1200 ELM NUE CARLSBAD, CALIFO &A 92008 - 4385621 REC'D FROM CaCl DATE____________ •1 .-1 ACCOUNT NO. DESCRIPTION AMOUNTor e7 _______ oo - 6344 06/25/90 0001 01 02 RECEIPT NO. 98815 TOTAL (k 5 7 CITY OF CARLSBAD 1 1200 CARLSBA ILLAGE DRIVE CARLSBAD, CNIFORNIA 92008 438-5621 REC'D FROM _DA /111 L . /Iiti DATE ACCOUNT NO. -DESCRIPTION AMOUNT -. 4243 10/12/93 0001 01 02 - //4/) C-fRm RECthPT NO. 3333 TOTAL Li Fnntecl on recycino paper. / 7 J P V CITY OF CARLSBAD 1200 CARLSBA ILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 - 434-2867 REC'D FROM LL1Or\ Cbiplew (hflnd ic4t LP DATE /0 3j1 ACCOUNT NO. DESCRIPTION AMOUNT 98?U 1Q/U/ --A4 A4 01 CT9o-a C—PRMT 40P.00 RECEIPT NO. 49909 NOT VALID UNLESS VALIDATED BY TOTAL ® Printed on recycled paper, CASH REGISTER