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1998-773289 I DOC 1998-0773289 FIRST AMERICAN TITLE INS. C .= 3~ NO,~' 3C), THE CITY OF ENCINITAS []FFICI~ Dave Wigginton 8fl[~ DESO 00[~'[~ RE~ER'g 0F'VICE Encinit~,505S' Vulc~Ave.cA 92024 [[[ IIIIIII il[ll l Ii III II Space A~ve This L~e for RecoVer', A.P.N.: 257~11-17 Order No.: 1200171-4 Escrow No.: 398-1297LC GRANT DEED [~] co~ed oa ~n v~a~ of mo~y co~v~, or comp~t~ o~ ~[[ v~ue ]ess v~ue of ~ie~s or e~c~mbr~ces re~[~g at t~e of u~i~co~orated ~ea; [ ] Cffy of Encinit~, ~d FOR A VALUABLE CONSIDERATION, Receipt of which is hereby ac~ow]edged, QGD ~c~t~, ~[C, a CaHfor~a [~ted ~iab~t~ Corporation hereby GRANT(S) to THE CITY OF ENCINITAS the following described property in the City of Eneiultas, County of San Diego State of California; Complete legal description as more particularly described in Exhibit "A" attached hereto and made a part hereof. November 5, 1998 QGD Encinita~,)LLC, a California Limited Liabillt~'~yr~ation ~ by its managing member: Strand OakHil-~ ,In~e~, a Texas Corp. By:. ~cJTM STATE OF CALIFORN~ ./ )SS COUNTY OF '~t I,/~ ~'TTc, ');- ) On r,4c~:C(r~r-,ci- :~i ~"-,"1~;: b~or~ me, personally appeared -~'~i ~ ~12 ]~:A ~y ~ m me (or gmv~ m me on ~e 5~is of s~facto~ evidencO m ~ ~e person(aJ whose nme(O ~ subscfi~ to ~e wi~ i~ment aM ac~owl~g~ ~ me ~t h~e~ executed ~e sine ~ h~erJ~ au~o~M ~paci~(~) and ~at by ~ sigmmre(s) on · e ~mment ~e ~o~ or ~e enfi~ upon beh~f of which ~N~S my hand and official seal. Sig~r~ ~s area for official no.al se~. Mail Tax Statements to: SAME AS ABOVE or Address Noted Below LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 5854, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY, APRIL 28, 1977 AS FILE NO. 77-159702 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES 20.00 FEET IN WIDTH OVER THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, BOTH OF TOWNSHIP 13 SOUTH, R3~NGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TEE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, DISTANT THEREON SOUTH 89000'00'' EAST, 418.83 FEET FROM THE SOUTHWEST CORNER THEREOF, BEING A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT P~ADIUS CURVE, CONCAVE SOUTHEASTERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 42007'00'' WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTP~AL ANGLE OF 64043'00'', A DISTANCE OF 45.18 FEET TO A POINT IN THE PRESENT EXISTING TRAVELED WAY, SAID POINT LYING WITHIN THE EXISTING RIGHT OF WAY OF COUNTY ROAD SURVEY NO. 373, KNOWN AS QUAIL GARDENS DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44019'00'', A DISTANCE OF 30.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87°48'00'' EAST, A DISTANCE OF 364.15 FEET TO AN ANGLE POINT; THENCE NORTH 72058'00'' EAST, A DISTANCE OF 65.16 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT P~ADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89031'00'', A DISTANCE OF 70.31 FEET; THENCE TANGENT TO SAID CURVE, NORTH 16033'00'' WEST, A DISTANCE OF 681.27 FEET TO AN ANGLE POINT; THENCE NORTH 00058'00'' EAST, A DISTANCE OF 110.98 FEET TO AN ANGLE POINT; THENCE NORTH 14007'00'' WEST, A DISTANCE OF 181.07 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37042'00'', A DISTANCE OF 131.60 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. Encinitas CERTIFICATE OF ACCEPTANCE This ~s to certi~ that the interest ir~ real property conveyed by that certain Grant Deed dated November ~ ,1998 from QGD Encinitas, LLC, a California Limited Liability Corporation, to the City of Encinitas is hereby acceoted by order of the thereof by its duly authorized officeF and requests free recording pursuant to the provisions of the Government Code Section 6103. CITY OF ENCINITAS ........ - ,_a ure n~ass~er~t;Man~--~ e r Dated: First Atnerican Title 11512 EL CAMINO REAL, SUITE 205 · SAN DIEGO, CALIFORNIA 92130 · (619) 509-1981 THE CITY OF ENCINITAS Date: December 8, 1998 Dave Wigginton Escrow No.: 398-1297LC 505 S. Vulcan Ave. Encinitas, CA 92024 RE: 634 Quail Gardens, Encinitas, CA 92024 Dear: We are pleased to inform you that your escrow was closed on November 30, 1998 and we enclose the following: Policy of Title Insurance No. 1200171-4 issued by FIRST AMERICAN TITLE INS. CO.. Any recorded documents which you are entitled to will be forwarded to you directly from the County Recorder's office. Property Tax Information- For your information, County taxes on real property become delinquent as follows: First installment after December 10th, second installment after the following April 10th. If you do not receive a tax bill one month prior to the delinquency date, a written request for same should be made to the County Tax Collector. Your written request should include the legal description and Assessor's Parcel Number (APN) of the property. When the lender collects impound funds for payment of taxes, the tax bill is usually sent to them. It has been a pleasure handling your escrow. We look forward to servicing your future real estate transactions. First American Title Company LORI CARPENTER ~ Certified Sr. Escrow Officer ~ NO. 1402.92 ORDER NO. 1200171-4 >~>?~/%~ / 92 ) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS DM SCHEDULE A POLICY NO. 1200171-4 AMOUNT OF INSUPJuNCE $1,550,000.00 PREMIUM $2,956.00 DATE OF POLICY: NOVEMBER 30, 1998 AT 4:59 P.M. 1. NAME OF INSURED: THE CITY OF ENCINITAS 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: FEE AND EASEMENT 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THE CITY OF ENCINITAS 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "1" ATTACHED HERETO PAGE 1 ~/~ ~O. 1402.92 ORDER NO. 1200171-4 ~"~'~'~ ~ 92 -~ ~/ ) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR D~24AGE {AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART ONE: 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. 2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES 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 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 LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT SHOWN BY THE PUBLIC RECORDS. PART TWO: 1. 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. 2. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. PAGE 2 ~ NO. 1402.92 ORDER NO. 1200171-4 ~!~ ~ / 92 ) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS 3. 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 CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED DECEMBER 3, 1928 IN BOOK 1561, PAGE 51 OF DEEDS, DESCRIBED AS FOLLOWS: THE WEST 12 FEET OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. ALSO THAT PORTION OF A 2 FOOT STRIP OF LAND, BEING 1 FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, LYING WITHIN THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10; BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10, WHICH POINT IS SOUTH 89°01'50" EAST, A DISTANCE OF (897.0) FEET FROM THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE FROM SAID POINT OF BEGINNING NORTH 17o05'50" WEST, A DISTANCE (853.47) FEET. 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 ANCHOP~AGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 4. 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 CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED DECEMBER 3, 1928 IN BOOK 1567, PAGE 17 OF DEEDS, DESCRIBED AS FOLLOWS: THE WEST 12 FEET OF THE SOUTH ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10~ ALSO A STRIP OF LAND 2 FEET IN WIDTH BEING 1 FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: PAGE 3 ~' ~/~"?~ / 92 ) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10, WHICH POINT IS SOUTH 89001'50'' EAST, A DISTANCE OF (897~0) FEET FROM THE SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10; THENCE FROM SAID POINT OF BEGINNING NORTH 17°05'50'' WEST TO A POINT ON TiIE NORTH LINE OF THE SOUTH ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GR3~NTEE 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." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 5. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF THE SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED FEBRUARY 19, 1929 IN BOOK 1591, PAGE 208 OF DEEDS, DESCRIBED AS FOLLOWS: THE WEST 12 FEET OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, PJ~NGE 4 WEST SA~ BERNARDINO MERIDIAN. ALSO THAT PORTION OF A 2 FOOT STRIP OF LAND BEING 1 FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, LYING WITHIN THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10; BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10, WHICH POINT IS SOUTH 89°01'50'' EAST, A DISTANCE OF (897~0) FEET FROM THE SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10; THENCE FROM SAID POINT OF BEGINNING NORTH 17o05'50'' WEST, A DISTANCE OF (853.47) FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GR3~NTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUSH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 4 ~%..~ ,~O. 1402.92 ORDER NO. 1200171-4 ALTA OWNER' S POLICY WESTERN REGIONAL EXCEPTIONS 6. AN EASEMENT OVER SAID LAND FOR WATER LINES AND INCIDENTAL PURPOSES AS DEDICATED BY ALICE B. VAUGHAN, J. W. VAUGHAN AND A. L. SMALL IN DEED DATED APRIL 11, 1935 AiqD RECORDED OCTOBER 31, 1935 IN BOOK 449, PAGE 81 OF OFFICIAL RECORDS. THE LOCATION OF SAID EASEMENT IS NOT SET FORTH IN SAID DEED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. AN EASEMENT FOR PIPELINE OR PIPELINES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGUITO IRRIGATION DISTRICT, RECORDED FEBRUARY 17, 1956 IN BOOK 5982, PAGE 201 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89o44'30" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 7.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 2°15'30'' WEST ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER AND DISTANT EASTERLY 7.5 FEET THEREFROM, A DIST}/qCE OF 170 FEET TO AN ANGLE POINT; THENCE SOUTH 89°39'10'' EAST ALONG A LINE PAP~ALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST QUARTER AND DISTANT SOUTHERLY 7.5 FEET THEREFROM A DISTANCE OF 489.11 FEET TO AN ANGLE POINT; THENCE SOUTH 15o06'30" EAST 840.77 FEET, MORE OR LESS, TO A POINT IN THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER, SAID POINT BEING SOUTH 89012'30'' EAST, A DISTANCE OF 747.37 FEET, MORE OR LESS, FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER. EXCEPTING THEREFROM ANY PORTIONS LYING WITHIN THE EXISTING 12 FOOT EASEMENT GRANTED TO THE SAN DIEGO GAS AND ELECTRIC CO. FOR POLE LINES. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 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 MARCH 15, 1957 IN BOOK 6500, PAGE 62 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 5 ~ ~O. 1402.92 ORDER NO. 1200171-4 '~'~:~.?~/-~7/92) ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS THAT CERTAIN PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIA/q, DESCRIBED IN A DEED RECORDED IN BOOK 2539, PAGE 128 OF OFFICIAL RECORDS OF SAID COUNTY OF SANDIEGO WITHIN THE NORTHERLY 6.0 FEET OF THE EASTERLY 600.0 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GR3~NTOR 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." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL B. 9. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT RECORDED MAY 3, 1971 AS FILE NO. 89627 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 20 FEET OF PARCEL A OF PARCEL MAP NO. 5854. 10. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES, DATED JULY 12, 1976 IN FAVOR OF COUNTY OF SANDIEGO, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JULY 21, 1976 AS FILE NO. 76-230528 OF OFFICIAL RECORDS, OVER AND ACROSS THOSE PORTIONS OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 76-0499-A: A STRIP OF LAND 60.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID NORTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 INSTANT THEREON SOUTH 89o07'57'' EAST, 337.70 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 15o40'50'' WEST, A DISTANCE OF 169.93 FEET TO THE NORTHERLY LINE THEREOF. PAGE 6 ~ ~. 1402.92 ORDER NO. 1200171-4 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS PARCEL NO. 76-0499-B: A STRIP OF LAND 60.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, DISTANT THEREON SOUTH 89000'00'' EAST, 418.83 FEET FROM THE SOUTHWEST CORNER THEREOF, BEING A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 42007'00" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44019'00'', A DISTANCE OF 30.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87048'00'' EAST, A DISTANCE OF 364.15 FEET TO AN ANGLE POINT; THENCE NORTH 72058'00'' EAST, A DISTANCE OF 65.16 FEET TO THE BEGINNING OF TANGENT 45.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°31'00", A DISTANCE OF 70.31 FEET; THENCE TANGENT TO SAID CURVE NORTH 16033'00'' WEST, A DISTANCE OF 88.22 FEET TO THE SOUTHERLY LINE OF SAID NORTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 16033'00'' WEST, A DISTANCE OF 171.63 FEET TO A POINT IN THE NORTHERLY LINE THEREOF AND THE POINT OF TERMINUS. THE SIDELINES OF THE AFOREDESCRIBED 60.00 FOOT STRIPS SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY ON THE NORTHERLYAND SOUTHERLY LINES RESPECTIVELY OF SAID NORTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER. 11. AN EASEMENT FOR PIPELINE OR PIPELINES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGUITO IRRIGATION DISTRICT, RECORDED NOVEMBER 4, 1976 AS FILE NO. 76- 368822 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT TO BE 15 FEET IN WIDTH, THE CENTERLINE BEING 15 FEET WESTERLY AND PAR3~LLEL WITH THE CENTERLINE OF S.C~ 1431-1 (QUAIL GARDENS DR.) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 7 ~!~ ~0. 1402.92 ORDER NO. 1200171-4 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AND DISTANT THEREON SOUTH 89°13'18'' EAST 269.87 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF; THENCE NORTH 15°40'50'' WEST 520.54 FEET TO THE BEGINNING OF A TANGENT 2415.00 FOOT P~ADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE 156.23 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED SO AS TO BEGIN AND TERMINATE RESPECTIVELY IN THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF AND THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF ALL IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 12. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES, DATED DECEMBER 23, 1976 IN FAVOR OF COUNTY OF SAN DIEGO, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JANUARY 12, 1977 AS FILE NO. 77-012676 OF OFFICIAL RECORDS. THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: PARCEL NO. 76-0903-A: A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THAT PORTION OF THE NORTHEAST QUABTER OF SECTION 10, TOWNSHIP 13 SOUTH, 93~NGE 4 WEST, SAN BERNABDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS CONVEYED TO GEORGE B. TOWNSEND, ET UX, BY DEED RECORDED JULY 24, 1975 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS FILE NO. 75-192525 OF OFFICIAL RECORDS, THE SIDELINES OF SAID 60.00 FOOT STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NO. 4957, ON FILE IN SAID RECORDER'S OFFICE; THENCE NORTH 15040'50TM WEST, 169.93 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ON A PROLONGATION OF THE ABOVE MENTIONED PAGE 8 ALTA OWNER' S POLICY WESTERN REGIONAL EXCEPTIONS COURSE NORTH 15040'50'' WEST, 524.97 FEET TO THE BEGINNING OF A TANGENT 2,400 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 151.97 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED SO AS TO BEGIN AND TERMINATE RESPECTIVELY IN THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER AND THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER. PARCEL NO. 76 0903-B: A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER ALL IN SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE EASTERLY LINE OF SAID 30.00 FOOT STRIP BEING CONTIGUOUS WITH THE WESTERLY LINE OF THi~T CERTAIN 20.00 FOOT WIDE EASEMENT DESCRIBED IN SUPERIOR COURT CASE NO. 3496N FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 23, 1975 AS FILE NO. 75-294322 OF OFFICIAL RECORDS. 13. 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 MARCH 15, 1977 AS FILE NO. 77- 094285 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS THE SAID EASEMENT AND RIGHT OF WAY SHALL BE 12 00 FEET IN WIDTH, BEING 6.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF PARCEL 2 OF PA_RCEL MAP NO. 4957, FILED JULY 29, 1976 AS FILE NO. 76-241622 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, DISTANT THEREON SOUTH 00°46'42'' WEST, 3.88 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 88049'42" EAST, 229.84 FEET. PAGE 9 ~[~ NO. 1402.92 ORDER NO. 1200171-4 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS 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." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 14. THE PARCEL MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MAP FOR FURTHER PARTICULARS. 15. THE FACT THAT SAID LAND COULD BE SUBJECT TO INUNDATION, AS DISCLOSED BY PARCEL MAP NO. 5854. AFFECTS PARCEL A. 16. THE LIMIT OF PROPOSED STREET WIDENING AS DELINEATED ON PARCEL MAP NO. 5854. AFFECTS PARCEL A. 17. A PROPOSED 30 FOOT PRIVATE ROAD AND UTILITY EASEMENT AS DELINEATED ON PARCEL MAP NO. 5854. 18. THE PACT THAT SAID LAND LIES WITHIN THE "SAN DIEGUITO REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 5, 1986 AS PILE NO. 86-390249 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. PAGE 10 A~ OWNER' S POLICY WESTERN REGIONAL EXCEPTIONS 19. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TPJINSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SANDIEGO GAS AND ELECTRIC COMPANY, A C~RPORATION, RECORDED FEBRUARY 18, 1988 AS FILE NO. 88-074667 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASTERLY 30.00 FEET OF SAID PARCELS 1 AND 2 SHOWN AND DELINEATED IS "PROPOSED 30' PRIVATE ROAD & UTILITY EASEMENT" AND "EXISTING 30' IRREVOCABLE OFFER OF DEDICATION OF REAL PROPERTY FOR ROADWAY PURPOSES GtlANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT NO. 77-012676, DATE 1-12-77 BOOK 1977 OF OFFICIAL RECORDS" ON SAID PARCEL MAP NO. 5854. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 20. AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITIES TOGETHER WITH INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA CORPOR3kTION, RECORDED FEBRUARY 18, 1988 AS FILE NO. 88-075502 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE EASEMENT SHALL BE LOCATED ON THAT PORTION OF SAID PARCEL 2 DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS, "PROPOSED 30' PRIVATE ROAD & UTILITY EASEMENT" AND "EXISTING 30' IRREVOCABLE OFFER OF DEDICATION OF REAL PROPERTY FOR ROADWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT NO. 77-012676 DATE 1-12-77 BOOK 1977 OF OFFICIAL RECORDS." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. PAGE 11 ?~'./~-' /~ ) ALTA OWNER' S POLICY WESTERN REGIONAL EXCEPTIONS 21. AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO AND INCIDENTAL PURPOSES AS GRANTED BY INSTRUMENT RECORDED OCTOBER 18, 1989 AS FILE NO. 89-563333 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 5854, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 28, 1977 AS FILE NO. 77-159702 OF OFFICIAL RECORDS, DELINEATED AND DESIGNATED AS "PROPOSED 30' PRIVATE ROAD & UTILITY EASEMENT" ON SAID PARCEL MAP. 22. ANY EASEMENTS AND/OR SERVITUDES AFFECTING EASEMENT PARCEL B HEREIN DESCRIBED. PAGE 12 ALTA O~I'ER' S POLICY WESTERN REGIONAL EXCEPTIONS EXHIBIT "1" PARCEL A: PARCEL 2 OF PARCEL MAP NO. 5854, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNTY, APRIL 28, 1977 AS FILE NO. 77- 159702 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES 20.00 FEET IN WIDTH OVER THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, BOTH OF TOWNSHIP 13 SOUTH, R3LNGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, DISTANT THEREON SOUTH 89°00'00'' EAST, 418.83 FEET FROM THE SOUTHWEST CORNER THEREOF, BEING A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT P-ADIUS CURVE, CONCAVE SOUTHEASTERLY, THROUGH WHICH POINT A P~ADIAL BEARS NORTH 42o07'00" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64043'00'', A DISTANCE OF 45.18 FEET TO A POINT IN THE PRESENT EXISTING TR3~VELED WAY, SAID POINT LYING WITHIN THE EXISTING RIGHT OF WAY OF COUNTY ROAD SURVEY NO. 373, KNOWN AS QUAIL GARDENS DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTP~AL ANGLE OF 44°19'00'', A DISTANCE OF 30.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87048'00'' EAST, A DISTANCE OF 364.15 FEET TO AN ANGLE POINT; THENCE NORTH 72058'00'' EAST, A DISTANCE OF 65.16 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT R3%DIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89031'00", A DISTANCE OF 70.31 FEET; THENCE TANGENT TO SAID CURVE, NORTH 16033'00TM WEST, A DISTANCE OF 681.27 FEET TO AN ANGLE POINT; THENCE NORTH 00°58'00" EAST, A DISTANCE OF 110.98 FEET TO AN AiNGLE POINT; THENCE NORTH 14°07'00" WEST, A DISTANCE OF 181.07 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY PAGE 13 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°42'00", A DISTANCE OF 131.60 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RA/qGE 4 WEST, SAN BERNARDINO MERIDIAN. PAGE 14 First American Title Insurance Company 11512 EL CAMINO REAL, SUITE 205 · SAN DIEGO, CALIFORNIA 92130 · (619) 509-1981 THE CITY OF ENCINITAS Date: January 11, 1999 505 S. Vulcan Ave. Escrow No.: 398-1297LC Encinitas, CA 92024 attn: Dave Wigginton RE: 634 Quail Gardens, Encinitas, CA 92024 Dear Dave: With regard to the above referenced escrow that was closed on November 30, 1998 and we enclose the following: Certified copy of Grant Deed per your request Once again it has been a pleasure handling your escrow. We look forward to servicing your future real estate transactions. First American Title Company ~PENTER Certified Sr. Escrow Officer EG 000 1998-0773289 RECORDING R~QUIgSTED BY THE C~Y OF ~NCtNITAS OFFIC~L Dave Wigginton ~ HE~ C~gY ~DER'S OFFICE S~ A~ve This ~ for ~o~er's Usc O~y A.P.N.: 257%11-17 Order No.: 12~171~ Escrow No,: 39~I29~C GRANT DEED THE U NDE~IGN~ O~NTOR(s) D~C~(s) T~AT DOCUMENTARY T~NSF~R T~ ~.. CO~$,~ [ ~] comput~ on ~ll v~ue of pmpemy ~nveyed, or co~ut~ on ~11 v~ue less v~ of li~ or uMnco~o~t~ ~; [ ] City of,,Encini~, ~d FOR A VALUABLE CONSIDERATION, R~eipt of which is hereby ~owl~, QGD En~Mtm~ LLC4 a CalfforMa L~ted Liab~ ~rporafion hereby GRANT(S) to THE CITY OF ENCINITAS the following described property in the City of Enciultas, County of San Diego State of California; Complete legal description as more particularly described in Exhibit "A" attached hereto and made a part hereof. November 5, 1998 QGD EnciniiM,'~L,Ci:'a California I hereby certi~ that this ~ e ~ STATE OF CALIFOP. N~ /' )S$ COUNTY 0I: ~{%/T~,¥".~,'x( ; } ~mem ~ ae~owl~g~ Io ~ ~at h~/~ e~u~d ~e s~ N h~ au~or~ ~ci~(~) and ~t b~ ~k s~l on ae ~m~t ~ ~on(~) or ~e ~fi~ upon ~h~f of whi~ ~ ~og(*)'a~d, ~umd ~e ~m~. : t. _ ~is ~ ~r o~ no~ ~al. Mail Tax Staterramts to: SAME AS ABOVE or Address Noted Below Order: KM-00001200171 Description: 98.773289 Page I of 4 Comment CERTIFY First American Title Insurance Company Order; KM-00001200171 Description: 98.773289 Page 2 of 4 Comment: CERTIFY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 5854, IN TI{E CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE O~FICE OF THE COUNTY RECORDER OF S~N DIEGO COUNTY, APRIL 28, ~977 AS FILE NO. 77-159702 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT-FOR ROAD AND INCIDENTAL PURPOSES 20.00 FEET IN WIDTH OVER THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, BOTH OF TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERigARDINO MERIDIAN, ACCORDING TO THE OFFICT~%~ PLAT TPIEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, DISTA/qT THEREON SOUTH 89000'00'' EAST, 418.83 FEET FROM T~{E SOUTHWEST CORNER THEREOF, BEING A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THROUGH WHICH POINT A RADIAL BF2%RS NORTH 42°07'00" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64043'00'', A DISTANCE OF 45.18 FEET TO A POINT IN THE PRESENT EXISTING TRAVELED WAY, SAID POINT LYING WITHIN THE EXISTING RIGHT OF WAY OF COUNTY ROAD SURVEY NO. 373, KNOWN AS QUAIL GARDENS DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44°19' 00", A DISTANCE OF 30.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87°48'00'' EAST, A DISTANCE OF 364.15 FEET TO AN ANGLE POINT; THENCE NORTH 72°S8'00" EAST, A DISTA~ICE OF 65.16 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT R3~DIUS CURVE, CONCAVE NORTHWESTERI~Y; THENCE NO~{THERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°31'00'', A DISTANCE OF 70.31 FEET; THENCE TANGENT TO SAID CURVE, NORTH 16°33'00'' WEST, A DISTANCE OF 681.27 FEET TO AN ANGLE POINT; THENCE NORTH 00°58'00'' BAST, A DISTAlgCE OF 110.98 FEET TO AN ANGLE POINT; THENCE NORTH 14°07'00'' WEST, A DISTANCE OF 181.07 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37"42'00", A DISTANCE OF 131.60 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERigARDINO MERIDIAN. Order.' KM-O0001200171 Description: 98. 773289 Page 3 of 4 Comment: CERTIFY Encinitas CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain Grant Deed dated November ~ ,1998 from QGD Encinitas, LLC, a California Limited Liability Corporation, to the City of Encinitas is hereby a ~qcepted by order o~ the C~ Co,.mci! and the City co~s~.-,ts to r~cordatio.n thereof by its duly authorized officer and requests free recording pursuant to the provisions of the Government Code Section 6103. CITY OF ENCINITAS L~uren Wasserman, City Manager TEl, 760-633-2600 I FAX 760-633-2627 505 S. Vulcan Avenue. Encinitas, California 92024-3633 TDD 760-633-2700 ~ recyclee~paper Order: KM-00001200171 Description: 98.773289 Page 4 of 4 Comment: CERTIFY