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HomeMy WebLinkAboutPD 00-08; Aston Views, LLC; 2001-0075119; Easement, v . . 4 RECORDING REQUESTED BY *“* DOC # AND WHEN RECORDED, PLEASE MAIL TO: Feb 08s 2001-0075119 2001 4:27 PM . milli? unn1, I N ’ OiiE$ 0.00 i~l~l~l~ll~l~~l~ll~lll~~~~~ll~ll~lll~l~~~~ll ’ ’ 2001407511~ City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 C/d ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No.: 212-120-07-00 Project No. & Name: PD 00-08 Aston View Plaza CARLSBAD MUNICIPAL WATER DISTRICT ROBERT JMOJCIK, %puty City Engineer GRANT DEED OF WATER LINE EASEMENT Aston Views, LLC, a California limited liability company, does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 1 08/17/98 Rev. 8569 access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other~utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. Executed by the Grantor this l5* day of D-0 m . GRANTOR: Aston Views, LLC, a California limited liability company By: &Ldi~ . ugn here) (sign tire) 5of-l& fl -i-iJoRoGGR 1 CeeRaT#w~ (print name and title of signatory) By: By: (title of signatory- (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) D AS TO FORM: BALL, GENERAL COUNSEL -,cI By: DAM+ B. B ROWER, Deputy General Counsel Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/I 7198 kev. - . 8570 CALIFORNIA ALL-PUfiPOSE ACKNOWLEDGMENT State of California &n Di#O u County of 1 ss. On D~c 15, -00, before me, I%CISr\;l Torrcs, NOtiq PubilL, Date Name and Title of Officer (e g., “Jane Doe. Notary-+ ubllc”) personally appeared fhr 1-C b. &hen Ad shn I’d .71j30r~cpr , Name(s) of Signer(s) M personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) #/are subscribed to the within instrument and acknowledged to me that &/qe/they executed signature(s) on the instrument the person(s), or r WComm.&ie5tdw,m the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand al;ld official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: Cl Corporate Officer - Title(s): Cl Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee c3 Guardian or Conservator q Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave. P.O. Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6627 EXHIBIT ‘A’ LEGAL DESCRIPTION FOR WATER EASEMENT PR 00-102 SHEET 1 OF 5 THAT PORTION OF LOT 69 OF CARLSBAD TRACT 85-24, UNlT 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 118 11, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987 AS FILE/PAGE NO. 87-276653, OF OFFICIAL RECORDS, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 69, BEING A POINT ON THE RIGHT-OF-WAY OF ASTON AVENUE, AS DEDICATED PER SAID MAP NO. 11811, BEING ALSO THE BEGINNING OF A 336.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 89”3 1’06” EAST; THENCE ALONG SAID RIGHT-OF-WAY AND THE ARC OF SAID CURVE 1. NORTHERLY 21.39 FEET THROUGH A CENTRAL ANGLE OF 03”38’50” TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY 2. NORTH 82’01’58” WEST 36.09 FEET TO THE BEGINNING OF A 490 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 3. WESTERLY 72.27 FEET THROUGH A CENTRAL ANGLE OF 08”27’02”; THENCE 4. SOUTH 89’30’59” WEST 34.79 FEET; THENCE 5. SOUTH OO”29’01” EAST 9.00 FEET; THENCE 6. SOUTH 89’30’59” WEST 10.00 FEET; THENCE CMWD Pp oo- 08 8572 SHEET 2 OF 5 7. NORTH OO”29’01” WEST 9.00 FEET; THENCE 8. SOUTH 89”30’59” WEST 67.94 FEET; THENCE 9. SOUTH OO”29’01” EAST 3 1.99 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 69; THENCE ALONG SAID BOUNDARY 10. SOUTH 89’3 1’06” WEST 20.00 FEET; THENCE LEAVING SAID BOUNDARY 11. NORTH OO”29’01” WEST 3 1.99 FEET; THENCE 12. SOUTH 89’30’59” WEST 90.87 FEET; THENCE 13. NORTH 20”43’00” WEST 70.45 FEET TO THE BEGINNING OF A 5 10 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 14. NORTHERLY 23.18 FEET THROUGH A CENTRAL ANGLE OF 02”36’14”; THENCE 15. SOUTH 72”26’56” WEST 20.00 FEET; THENCE 16. NORTH 17”33’04” WEST 10.00 FEET; THENCE 17. NORTH 72”26’56” EAST 20.00 FEET TO A POINT ON THE ARC OF A NON- TANGENT 510 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS 73’00’39” EAST; THENCE ALONG THE ARC OF SAID CURVE 18. NORTHERLY 43.17 FEET THROUGH A CENTRAL ANGLE OF 04”5 1’01”; THENCE 19. NORTH 12”08’20” WEST 30.57 FEET; THENCE 20. SOUTH 77’5 1’40” WEST 9.00 FEET; THENCE 2 1. NORTH 12”08’20” WEST 10.00 FEET; THENCE CMWD . h,’ . . . 8573 SHEET 4 OF 5 38. SOUTH 42”28’22” WEST 14.63 FEET; THENCE 39. NORTH 47’3 1’38” WEST 10.00 FEET; THENCE 40. NORTH 42’28’22” EAST 14.63 FEET; THENCE 4 1. NORTH 47’3 1’38” WEST 15.00’ FEET; THENCE 42. SOUTH 42’28’22” WEST 13.68 FEET; THENCE 43. NORTH 47”3 1’3 8” WEST 10.00 FEET; THENCE 44. NORTH 42”28’22” EAST 13.68 FEET; THENCE 45. NORTH 47’3 1’38” WEST 296.26 FEET; THENCE 46. NORTH 77’51’40” WEST 135.63 FEET; THENCE 47. SOUTH 12°08’20” EAST 218.97 FEET TO THE BEGINNING OF A 490 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAD CURVE 48. SOUTHERLY 73.36 FEET THROUGH A CENTRAL ANGLE OF 08’34’4o”; THENCE 49. SOUTH 20”43’00” EAST 56.50 FEET; THENCE 50. NORTH 89030’59” EAST 209.66 FEET ~0 THE E~EGZNNING 0~ A 5 i 0 ~00~ RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 5 1. EASTERLY 75.22 FEET THROUGH A CENTRAL ANGLE OF 08”27’02”; THENCE CMWD 8574 SHEET 5 OF 5 52. SOUTH 82’01’58” EAST 35.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID ASTON AVENUE, BEING A POINT ON THE ARC OF A NON-TANGENT 336 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 83”25’07” EAST; THENCE ALONG SAID RIGHT- OF-WAY AND THE ARC OF SAlD CURVE 53. SOUTHERLY 20.03 FEET THROUGH A CENTRAL ANGLE OF 03”24’57” TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 26,548 SQUARE FEET, MORE OR LESS THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR$ ACT. CMWJI .: _. 85?5 -* .. SHEET 3 OF 5 22. NORTH 77’5 1’40” EAST 9.00 FEET; THENCE 23. NORTH 12”08’20” WEST 198.40 FEET; THENCE 24. NORTH 77’5 1’40” EAST 101.48 FEET; THENCE 25. NORTH 12”08’2O”WEST 10.53 FEET; THENCE 26. NORTH 77’51’40” EAST 10.00 FEET; THENCE 27. SOUTH 12’08’20” EAST 10.53 FEET; THENCE 28. NORTH 77’5 1’40” EAST 54.47 FEET; THENCE 29. SOUTH 47’31’38” EAST 217.95 FEET; THENCE 30. NORTH 42’28’22” EAST 9.00 FEET; THENCE 3 1. SOUTH 47’3 1’38” EAST 10.00 FEET; THENCE 32. SOUTH 42’28’22” WEST 9.00 FEET; THENCE 33. SOUTH 47”3 1’38” EAST 161.20 FEET; THENCE 34. so1 JTH 6 l”16’38” EAST 21.93 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID ASTON AVENUE, BEING A POINT ON THE ARC OF A NON-TANGENT 336 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 61”26’14” EAST; THENCE ALONG SAID RIGHT- OF-WAY AND ARC OF SAID CURVE 35. SOUTHERLY 20.01 FEET THROUGH A CENTRAL ANGLE OF 03’24’46”; THENCE LEAVING SAID RIGHT-OF-WAY AND ARC OF SAID CURVE 36. NORTH 61’16’38” WEST 24.99 FEET; THENCE 37. NORTH 47”3 1’38” WEST 49.98 FEET; THENCE CMWD EXHIBIT ‘BP 8576 LINE AND CURVE: DATA TAWh77NS /?Ams I um.nl’ 7221 i10.00’ 75.2 510.00’ 23.1, 510.00’ 43.17’ 49mO’ 73.36’ 336.00’ 21.39’ T3 N20-43’OO-W !56.50’ T9 N2OW’OOW 70.4!? TtO N1733’04W mw’ n1 N7226’56T 20.00’ F T13 N1208’2O=W 10.00’ n4 N7751’4OT 9.00’ Tl6 Nl206’205Y 30.57’ T17 N7751’4O-E 10.00’ Tl8 NWU8’20-W 10.53 T20 N7751’40% 54.47’ T21 N4228’22t 9.00’ T22 N4731’361v 10.00’ T25 N4m8’22*E 13.66’ I T32 N4731’38-W 49.98’ I ” M’J/sT&‘MMAP I CARLSBAD MuNK=IpAAL WATER DBTRtCT WATER EAEEttf i=UiT LOT 69 CT. 85-24 UNIT NO. 4 21 LS-ESM2.dwg 12-15-00 11:35:28 am EST ASjS OF BEARIw63. -. EXHBIT ‘B’. 8577 TMEBASYSIur~ IS 7HE ?iwHmlY LEGEND: #?#W?lY LINE W LOT 69, CT 85-24 UNIT NO. 4 ---- PRWERN UNE PER MAP NO. Il811; I.E N89Jl’oti”E WATER EASEMENT DEDlCAlW HERElM?; AREA= 26,548 SF (0.610 AC) CARLSBAD 1RAcl ND, 85-24 UNK NOa 4 R#.SPU\TWASPREPAREDBY~ $1 ‘I SEE SHEET I Fc)rR UNE AND CURVE DATA TABUU77OlVS Cmm$mk WATER DISTRICT DAE 12-01-m DRAmV BK WATER EAEMENF RAT PARTFKRS ENa fscALt? 1” = llm’ LOT 69 CT. 85-24 PRoo-lo2 A.P.N. 212-120-07 UNIT NO. 4 s?mT Lb& .a.. 2w2 ,o-rc-Y3A.“rr t3-rc;-nn ll.r)K.30 *- CCT ,. ’ 8578 CERTIFICATION FOR ACCEPTANCE OF DEED j ,‘, $ -’ _:_: ‘i,^:_, ,.,ii!y ,,_: ;i ., ” 3, ,, I_’ >,‘L ‘X,, :, : ; i, _‘ *,’ ,‘: .‘,, s:;jz_ ; :, ,., L .~I’ _, ..:; :: ,:c : : z,;,::ra:l::i-:..: s ’ ” ” -I’ 2 .j i 3, ,: _,’ : :~;:;:yjzj;,.,. :) ; 2: ._ :G’, ‘. ‘:‘z,:. ;ij s ‘:,.;. .:_, I > ?‘. ,_$$_._ “:_;i. I I ,:, _.,e .A ,, .I This is to c&tifyiliat the interest in real property conveyed by the deed or grant “L’L I dated December 1’5~kIO0, from Aston vi‘ews, LLC, a California limited ‘liability ,’ _, company, to the Carl&ad Municipal Water District,‘a Public Agency organized under the Municipal Water’Act’of 191:1, .and a Subsidiary District of the City of Garlsbad, a ,j ,’ ” Municipal Corporationiiis hereby accepted by the City Council &the Gity’of Carlsbad, ..ill:. :,; California, purstknt toQrdin$nce No. NS-422, adopted on September 16, 1997, and _:I” ‘_ .;.‘_, “: i the grantee consents to’the recordatio~tnered;~~‘~ts duly authorized officer. .’ .,‘,‘, :, ,*,, i i. _,: ‘. & ,, ,,; f,;$ if&! ‘!{. ,y_ :,:: DATED: January 29,200l J1.I 1-c) LIJ(JIJ llclli Id:.& /‘I’/ : ,L ** A , SEP-18-2000 MON 12:28 PM FAX NO, h FAX NO, P. 03/10 P, 02/10 STEWART TITLE OF CALIFORN.IA, INC., SAN DIEGO DIVISION 3111 CAMINO DE& RIO N. #SO0 SAN DIEGO, CA. 92108 (619) 692-1600 PRELIMINARY REPORT SEPTEMBER 15, 2000 YOUR NO.OUR NO. Ol-188899M,LOAN REF: ASTONVIEW ATTENTION; IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE OF CALIFORNIA, INC., SAN DIEGO DIVISION 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B 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. PLEASE READ THE EXCEPTIONS SHOWN OR REFeRRED TO BELOW AND mE EXCEPTfONS AND SXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MKl?TBRS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED, IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. 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 TJABILITY 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 SEPTEMBER 15, 2000 AT 7:30 A.M. TITLE 0 I CT- . 'SW-l&-u~u MoN 12:2Y PM . .' .* . - - * FAX NO. - P, 04/10 Ol-lB8899M THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. 2. 3. 4. 5. 6, 7. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( 1 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 1 1 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( 1 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY LITIGATION GUARANTEE t ) "GOLD" COMPREHENSIVE PROTECTION RESIDENTIAL TITLE INSUl?ANCE POLICY ( > "GOLD“ COMPREHENSIVE PROTECTION LOAN POLICY ( ) SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ASTON VIEWS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY dA-~ltr-i’uuu flUi 1i: LY HI * : .- . - FAX NO, P. 05/10 Ol-188899M LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF San Diego AND IS DESCRIBED AS FOLLOWS: LOT 69 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOPaIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. . I L-l ;J ,-‘.I~.lu IltJll ~L*LG ill I-AX Nu, P, lw10 Ql-188893M SCHEDULBB AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND FJKLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2000-2001, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YE?@ 1999-2000 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $12,139.10 PAID SECOND INSTALLMENT: $12,139.10 PAID LAND: $1,300,491.00 CODE AREA: 09094 PARCEL NO. 212-120-07 1B. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT (OR BOND) NO: 0000 SERIES: 97-1 DISTRICT: CITY OF CARLSHAD FOR: REASSESSMENT DISTRICTtALGA ROAD & COLLEGE BLVD.) BOND ISSUED: DECEMBER 15, 1997 ORIGINAL AMOUNT: NOT SHOWN SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. 1C. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A MELLO-ROOS DISTRICT, THE AMOUNT OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE COLLECTED AS A PART OF THE TAX BILL. THE LIEN OF SUPPLEMENTAL TAXES IF ANY ASSESSED PURSUANT 1:' THE PROVISIONS OF CHAPTER 3vS'(COMMEN;IING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MAY 6, 1985 BY AND BETWEENI CARLSBAD RESEARCH CENTER AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING: PAYMENT OF A PURLIC FACILITIES FEE RECORDED: JULY 10, 1985 AS FlLE NO. 85-246091 OF OFFICIAL RECORDS 3. A HOLD HARMLESS AGREEMENT FOR DRAINAGE UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN CAKLSBAD RESEARCH CENTER AND THE CITY OF CARLSBAD, RECORDED NOVEMBER 3, 1986 AS PILE NO. 86-501526 OF OFFICIAL RECORDS. 4. MATTERS IN AN INSTRUMENT WHICH, AMONG OTHER THINGS, CONTAINS * At - lb-L!uuu lluh 12 : ZY PM : - . - FAX NO, - Pm 07/10 SCHEDULE B Ol-188893M OR PROVIDES FOR ASSESSMENTS, LIENS AND THE SUBORDINATION THEREOF, PROVISIONS RELATING TO THE PARTITION, RESTRICTIONS OR SEKFRABILITY OF COMPONENT INTERESTS, COVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDES FOR USE OF COMMON AREAS, CERTAIN EASEMENTS, AND A PROVISION THAT ANY VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, H?@?DICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL, ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDrTIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (Bl RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, RECORDED: I JUNE 29, 1988 AS FILE NO. 88-313420 OF OFFICIAL RECORDS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLcATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C!) OF SECTION 12956.1 OF THE GOVERNMENT CODE. BY A DECLARATION OF ANNEXATION RECORDED AUGUST 8, 1988 AS FILE NO. 88-387706 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS. 5. THE FACT THAT SAID LAND LIES WITHIN THE CITY OF CARLSBAD ASSESSMENT DISTRICT 85-2 (COLLEGE BOULEVARD), AS DISCLOSED BY AN AMENDED ASSESSMENT DIAGRAM RECORDED SEPTEMBER 19, 1988 As FILE NO. 88-469414 OF OFFICIAL RECORDS. 6. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISTRICT NO. 1 CITY OF CARLSBAD DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: DECEMBER 19, 1990 AS FILE NO. 1990-0674118 , OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS. 7. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: CARLSBAD UNIFIED SCHOOL DISTRICT DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: OCTOBER 7, 1992 AS FILE NO, 1992-0637693 OF OFFICIAL RECORDS. I .A~--lir--iuul~ Iluli IL: AJ HI FAX NO, P. oaiio c . - SCHEDULE B Ol-188899M 0. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WKEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: CARLSBAD UNIFIED SCHOOL DISTRICT DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: OCTOBER 7, 1992 AS FILE NO. 1992-0637694 OF OFFICIAL RECORDS. 9. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS IN THE AMOUNT SHOWN BELOW DATED: JUNE 19, 2000 AMOUNT: $1,312,500.00 TRUSTOR: ASTON VIEWS, LLC TRUSTEE: EQUITABLE DEED COMPANY BENEFICIARY: BANK OF AMERICA, NATIONAL ASSOCIATION RECORDED: JUNE 30, 2000 AS FILE NO. 2000-0346571 OF OFFICIAL, RECORDS. 10, ANY RIGHT OR INTEREST OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASE, LEASES, OR TENANT AGREEMENTS. KINDLY FORWARD A COPY OF A CERTIFIED CURRENT RENT ROLL FOR DISCLOSURE OF INDIVIDUAL PARTIES- 11. ANY MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OF SAID LAND. I . 3llk- - Iti-illuu I’IUI~ IL : ju r/1 FAX NO. P. 09110 * - Ol-188839M REQUIREMENTS A. IT IS OUR COMPANY POLICY THAT ALL TITLE FEES DUE ARE DEDUCTED FROM AVAILABLE PROCEEDS. IN ADDITION, ALL TITLE CHARGES ARE DUE AND PAYABLE AT THE TIME OF RECORDING. B. ALL FUNDS NECESSARY TO FULFILL PAYOFF REQUIREMENTS, INCLUDING OF TAXES, MUST BE RECEIVED AND AVAILABLE FOR DISBURSEMENT AT THE TIME OF CLOSING. C. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE THE FOLLOWING WITH RESPECT TO BTINV III, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY: 1. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 2. A CERTIFIED COPY OF ITS ARTICLES OF ORGANIZATION (LLC-11, f4NYD~~IFICATE OF CORRECTION (LLC-111, CERTIFICATE OF (LLC-21, OR RESTATEMENT OF ARTICLES OF ORGANIZATION (L&C-10) MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 3. WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED TO THE COMFAN'Y FOR RECORDING OR UPON WHICH THE COMPANY IS ASKED TO RELY, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED IN ACCORDANCE WITH THE FOLLOWING: A. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR ELECTED PURSUANT TO THE TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED OFFICERS AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER OR ANY ASSISTANT TREASURER. B. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT TO THE TERMS OF A WRITTEN ORERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER. 4. OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE. D. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE THE FOLLOWING WITH RESPECT TO ASTONVIEW, A CALIFORNIA LIMITED LIABILITY COMPANY: - ‘As--I&-dJUU WN 12: AJ i-‘fl FAX NO, .- - - ..( . Ol-188899M 1. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 2. A CERTIFIED COPY OF ITS ARTICLES OF ORQANIZATION (LLC-1) , ANY CERTIFICATE OF CORRECTION (LLC-Ill, CERTIFICATE OF AMENDMENT (LLC-21, OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 3. WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED TO THE COMPANY FOR RECORDING OR UPON WHICH THE COMPANY IS ASKED TO RELY, SUCH DOCUMENT OR INSTRUMENT MtTST RE EXECUTED IN ACCOFUVWCE WITH THE FOLLOWING: A. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGK OFFICERS APPOINTED OR ELECTED PURSUANT TO THE TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED OFFICERS AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF' FINANCIAL OFFICER OR ANY ASSISTANT TREASURER. B. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCK DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER. 4. OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE.