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2005-1122355Z DCC # 2005 - 1122355 Kecortlmg tcequestetl tsy: National Comm) Services First American Title 11 I� � 111111111111111111111111111111111111111111111111111111111 • � RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ,(j�7 Trammell Crow Residential I0� 949 South Coast Drive, Suite 400 Costa Mesa, California 92626 0, Or Attention: Brad C. Perozzi 27054 1Cpn DEC 30, 2005 3:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 73.00 WAYS: 3 OC: NA PAGES: 18 - 2005 - 1122355 ACCOMMOTI ATT ON (Space Above Line for Recorder's Use Only) RECIPROCAL EASEMENT AGREEMENT THIS RECIPROCAL EASEMENT AGREEMENT (this "Agreement ") is made as of _ Pe;'6Mf36P- ZZ , 2005 ( "Effective Date "), by CAM -MAR GROWERS, a California general partnership ( "Cam- Mar "), and TCR #314 NORTHRIDGE LIMITED PARTNERSHIP, a Texas limited partnership ( "OP Developer "). Cam -Mar and OP Developer are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ". Upon any assignment of this Agreement by Cam -Mar and /or OP Developer as permitted by this Agreement, such assignee shall be deemed individually as a Party hereunder and collectively as one of the Parties hereunder. RECITALS A. OP Developer is the fee simple owner of that certain real property located in the City of Encinitas, County of San Diego, State of California, and more particularly described on Exhibit "A" attached hereto (the "OP Developer's Property "). B. Cam -Mar is the fee simple owner of that certain real property located in the City of Encinitas, County of San Diego, State of California, and more particularly described on Exhibit "B" attached hereto ( "Cam -Mar's Property "). OP Developer's Property and Cam - Mar's Property are sometimes hereinafter referred to collectively as the "Properties ". C. OP Developer and Cam -Mar each own a portion of that certain real property (referred to herein as the "Shared Property "), which Shared Property is composed entirely of OP Developer's Ingress/Egress Easement Area (as hereinafter defined and as described in and depicted on Exhibit "C" attached hereto) located on Cam -Mar's Property, and Cam -Mar's Ingress /Egress Easement Area (as hereinafter defined and as described in and depicted on Exhibit "D" attached hereto. The Shared Property is to be used for the following: (i) temporary construction purposes for the benefit of OP Developer's Property as more fully set forth herein; (ii) use of any and all of the Shared Property Improvements (as hereinafter defined) by the fee simple owners of OP Developer's Property, together with their invitees, tenants, occupants and ' guests (the "OP Developer Parties "), and the fee simple owners of Cam -Mar's Property, together with their invitees, tenants, occupants and guests (the "Cam -Mar Parties "); and (iii) purposes of ingress and egress by the OP Developer Parties and Cam -Mar Parties to and from OP Developer's Property and Cam -Mar's Property over the Shared Property from and to 43169\286576v3 27055 that certain public street contiguous to the Shared Property commonly known as Encinitas Boulevard (the "Public Street "). D. OP Developer and Cam -Mar also intend by this Agreement to create certain rights and obligations with respect to OP Developer's Property and Cam -Mar's Property in accordance with Section 1468 of the California Civil Code. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows: Grant of Easements. (a) Temporary Construction Easement. Subject to all of the terms and conditions hereof, Cam -Mar hereby grants to OP Developer a nonexclusive temporary construction easement and right of way ( "Temporary Construction Easement ") over the portions of Cam -Mar's Property described in and depicted on Exhibit "C" attached hereto as the "Temporary Construction Easement Area" for purposes of constructing any and all of the improvements on the Shared Property ( "Shared Property Improvements "). The scope of the Temporary Construction Easement shall include pedestrian and vehicular ingress and egress for OP Developer and its successors, assigns, employees, agents, contractors, subcontractors, consultants and other representatives in, under, along, across and over the Temporary Construction Easement Area for the construction of the Shared Property Improvements, including, without limitation, the right to place tools, materials and equipment in, under, along, across and over the Temporary Construction Easement Area and to operate construction equipment, vehicles and machinery in, under, along, across and over the Temporary Construction Easement Area. The Parties intend that the scope of the Temporary Construction Easement shall be interpreted in a broad manner for the purpose of allowing all activity consistent with the construction of the Shared Property Improvements. (b) OP Developer's Ingress/Egress Easement. Subject to all of the terms and conditions hereof, Cam -Mar hereby grants to OP Developer, a nonexclusive easement and right of way ( "OP Developer's Ingress /Egress Easement ") over the portions of Cam -Mar's Property described in and depicted on Exhibit "C" attached hereto as the "OP Developer's Ingress /Egress Easement Area" for the use of the Shared Property Improvements by the OP Developer Parties, for purposes of pedestrian and vehicular ingress and egress to and from OP Developer's Property from and to the Public Street. The scope of OP Developer's Ingress /Egress Easement shall include the following: (i) the right of the OP Developer Parties to use any and all of the Shared Property Improvements located on the Shared Property (which includes OP Developer's Ingress/Egress Easement Area); (ii) the right of unimpeded pedestrian and vehicular ingress of the OP Developer Parties from the Public Street, into, through and across the Shared Property (which includes OP Developer's Ingress/Egress Easement Area), and to OP Developer's Property; and E-111R. Mxrfsmrx] 27056. (iii) the right of unimpeded pedestrian and vehicular egress of the OP Developer Parties from OP Developer's Property, into, through and across the Shared Property (which includes OP Developer's Ingress /Egress Easement Area), and to the Public Street. (c) Cam -Mar's Ingress/Egress Easement. Subject to all of the terms and conditions hereof, OP Developer hereby grants to Cam -Mar, a nonexclusive easement and right of way ( "Cam -Mar's Ingress /Egress Easement") over the portions of OP Developer's Property described in and depicted on Exhibit "D" attached hereto as the "Cam -Mar's Ingress /Egress Easement Area" for the use of the Shared Property Improvements by the Cam -Mar Parties and for purposes of pedestrian and vehicular ingress and egress to and from Cam -Mar's Property from and to the Public Street. The scope of Cam -Mar's Ingress /Egress Easement shall include the following: (i) the right of the Cam -Mar Parties to use any and all of the Shared Property Improvements located on the Shared Property (which includes Cam -Mar's Ingress /Egress Easement Area); (ii) the right of unimpeded pedestrian and vehicular ingress of the Cam -Mar Parties from the Public Street, into, through and across the Shared Property (which includes Cam -Mar's Ingress/Egress Easement Area), and to Cam -Mar's Property; and (iii) the right of unimpeded pedestrian and vehicular egress of the Cam - Mar Parties from Cam -Mar's Property, into, through and across the Shared Property (which includes Cam -Mar's Ingress/Egress Easement Area), and to the Public Street. 2. Character and Duration of Easements. (a) Temporary Construction Easement. The Temporary Construction Easement is appurtenant to OP Developer's Property and shall inure to the benefit of OP Developer and to successors in interest to OP Developer's Property. The burden of the Temporary Construction Easement is intended to and shall run with Cam -Mar's Property, and the Temporary Construction Easement shall bind all successive owners of Cam -Mar's Property. The Temporary Construction Easement, and all of the terms, provisions, conditions, covenants and restrictions set forth herein with respect to the Temporary Construction Easement, shall be deemed effective upon the Effective Date and shall continue until the date that OP Developer has completed the construction of the Shared Property Improvements (the "Completion Date "), unless the Temporary Construction Easement is earlier terminated by the written agreement of the Parties. (b) OP Developer's Ingress /Egress Easement. OP Developer's Ingress/Egress Easement is appurtenant to OP Developer's Property and shall inure to the benefit of OP Developer and to successors in interest to OP Developer's Property. The burden of OP Developer's Ingress /Egress Easement is intended to and shall run with Cam -Mar's Property, and OP Developer's Ingress /Egress Easement shall bind all successive owners of Cam -Mar's Property. OP Developer's Ingress /Egress Easement, and all of the terms, provisions, conditions, covenants and restrictions set forth herein with respect to OP Developer's Ingress /Egress 43169\286576v3 27057 Easement, shall be deemed effective upon the Effective Date and shall continue in perpetuity unless earlier terminated by the written agreement of the Parties. (c) Cam -Mar's Ingress/Egress Easement. Cam -Mar's Ingress /Egress Easement is appurtenant to Cam -Mar's Property and shall inure to the benefit of Cam -Mar and to successors in interest to Cam -Mar's Property. The burden of Cam -Mar's Ingress/Egress Easement is intended to and shall run with OP Developer's Property, and Cam -Mar's Ingress /Egress Easement shall bind all successive owners of OP Developer's Property. Cam - Mar's Ingress /Egress Easement, and all of the terms, provisions, conditions, covenants and restrictions set forth herein with respect to Cam -Mar's Ingress/Egress Easement, shall be deemed effective upon the Effective Date and shall continue in perpetuity unless earlier terminated by the written agreement of the Parties. 3. Agreement to Dedicate. Upon the written request of OP Developer, Cam -Mar shall join with OP Developer in making an irrevocable offer to dedicate ( "Irrevocable Offer ") to the City of Encinitas ( "City ") and/or any and all utilities providers required by the City ( "Required Utility Providers "), OP Developer's Ingress /Egress Easement, Cam -Mar's Ingress /Egress Easement, the Shared Property and/or the Shared Property Improvements in a form required by the City. 4. Use of Shared Property /Shared Property Improvements. Except as otherwise provided for herein, neither Party shall (i) construct, or permit the construction of, any buildings, walls, fences or other improvements in, under, along, across and over all, or any portion, of the Shared Property, except for the Shared Property Improvements, or (ii) use any portion of the Shared Property and /or Shared Property Improvements nor conduct any activity or otherwise cause or permit any activity or situation to exist upon the Shared Property and/or Shared Property Improvements in any way that will unreasonably interfere with the right of any other Party to use the Shared Property and /or Shared Property Improvements for the purposes contemplated by this Agreement. 5. Construction of Shared Property Improvements. In connection with OP Developer's development of OP Developer's Property, OP Developer shall perform the initial construction and installation of the Shared Property Improvements on the Shared Property, at OP Developer's sole cost and expense. 6. Obligation to Maintain, Repair and Replace. (a) Temporary Construction Easement Area. During the duration of the Temporary Construction Easement, OP Developer shall have the obligation to cause the Temporary Construction Easement Area to be maintained and repaired when necessary at OP Developer's cost and expense; provided, however, that if any portion of the Temporary Construction Easement Area is damaged or disturbed by the act or neglect of Cam -Mar and/or its invitees, guests, employees, agents, contractors or other representatives, it shall be repaired at Cam -Mar's cost and expense. (b) Shared Property and Shared Property Improvements. Commencing on the Completion Date and continuing during the duration of Cam -Mar's Ingress /Egress Easement and 43169\286576v3 27058 OP Developer's Ingress/Egress Easement, the Parties shall jointly cause the Shared Property and Shared Property Improvements to be maintained, repaired and replaced, if necessary, and it shall be the duty of all Parties to equally share in the cost of such maintenance, repair and/or replacement; provided, however, if the maintenance, repair and/or replacement is necessary due to the negligent or willful conduct of either Party (the "Responsible Party "), or the tenants, members, agents, contractors, representatives, guests or invitees of the Responsible Party, then the Responsible Party shall be solely liable for the cost of maintaining, repairing and/or replacing the Shared Property and/or Shared Property Improvements caused by the willful or negligent conduct of the Responsible Party or the tenants, members, agents, contractors, representatives, guests or invitees of the Responsible Party. All maintenance, repair and/or replacement of the Shared Property and/or Shared Property Improvements shall be made using the same or substantially similar materials as used in the original construction of Shared Property Improvements. (c) Damage or Destruction. If any portion of the Shared Property and/or Shared Property Improvements is damaged or destroyed, the Parties shall promptly and diligently cause same to be repaired, restored and/or replaced, if necessary, to its former condition (existing as of the time immediately preceding such damage or destruction) as soon as practicable, and it shall be the duty of all Parties to equally share in the cost of such repair, restoration and /or replacement; provided, however, if the damage or destruction was caused by the negligent or willful conduct of either Party (defined above as a Responsible Party), or the tenants, members, agents, contractors, representatives, guests or invitees of the Responsible Party, then the Responsible Party shall be solely liable for the cost of restoring, repairing or replacing any such damage or destruction of the Shared Property and/or Shared Property Improvements caused by the willful or negligent conduct of the Responsible Party or the tenants, members, agents, contractors, representatives, guests or invitees of the Responsible Party. All repair, restoration and replacement of the Shared Property and/or Shared Property Improvements shall be made using the same or substantially similar materials as used in the original construction of Shared Property Improvements. Enforcement and Remedies. (a) Nonpayment of Shared Expenses. If a Party shall fail to pay its share of costs as required by this Agreement within thirty (30) days after a Party's receipt of written notice from the other Party with respect to such payment ( "Payment Period "), then the amount of such share of costs, plus all reasonable costs of collection (including reasonable attorneys' fees), shall bear interest at the maximum non - usurious rate permitted by law, beginning upon the expiration of the applicable Payment Period until paid. (b) Remedies Cumulative. Subject to Section 8 below, all remedies provided in this Agreement are cumulative, and notwithstanding a Party's exercise of any remedy hereunder, that Party shall have recourse to all other available legal or equitable remedies. A Party's failure to insist upon strict performance of any provision of this Agreement is not a waiver of any rights or remedies that that Party may have and is not a waiver of any subsequent breach or default of any provision hereof by the same or any other Party. 43169QS6576v3 27059 8. Dispute Resolution. If the Parties are unable to resolve any dispute between them with respect to any matter relating to or concerning this Agreement within thirty (30) days after a Party's receipt of written notice of such dispute from the other Party, then the disputed matter shall, upon demand of a Party, be determined by binding arbitration conducted in Orange County, California pursuant to the Commercial Arbitration Rules of the American Arbitration Association. 9. Mutual Indemnification and Waiver. (a) Cam -Mar's Indemnification of OP Developer. Cam -Mar shall indemnify, defend and hold OP Developer harmless from and against any and all claims, causes of action, losses, expenses, damages, liens and liabilities (including, without limitation, reasonable attorneys' fees expended in defending against such claims) (collectively, "Cam -Mar Claims ") caused by any act or omission of Cam -Mar and/or its invitees, guests, employees, agents, contractors or other representatives or arising from the exercise of any rights provided for in this Agreement by Cam -Mar and/or its invitees, guests, employees, agents, contractors or other representatives. Notwithstanding the foregoing, Cam -Mar shall have no indemnity liability for Cam -Mar Claims resulting from the negligence or willful misconduct of OP Developer and/or its invitees, guests, employees, agents, contractors or other representatives. For any Cam -Mar Claims arising out of the concurrent negligence of OP Developer and/or its invitees, guests, employees, agents, contractors or other representatives, OP Developer shall be liable under this Section 9(a) only to the extent of the negligence of OP Developer and/or its invitees, guests, employees, agents, contractors or other representatives, and Cam -Mar shall be liable under this Section 9(a) only to the extent of the negligence of Cam -Mar and/or its invitees, guests, employees, agents, contractors or other representatives. (b) OP Developer's Indemnification of Cam -Mar. OP Developer shall indemnify, defend and hold Cam -Mar harmless from and against any and all claims, causes of action, losses, expenses, damages, liens and liabilities (including, without limitation, reasonable attorneys' fees expended in defending against such claims) (collectively, "OP Developer Claims ") caused by any act or omission of OP Developer and /or its invitees, guests, employees, agents, contractors or other representatives or arising from the exercise of any rights provided for in this Agreement by OP Developer and/or its invitees, guests, employees, agents, contractors or other representatives. Notwithstanding the foregoing, OP Developer shall have no indemnity liability for OP Developer Claims resulting from the negligence or willful misconduct of Cam - Mar and/or its invitees, guests, employees, agents, contractors or other representatives. For any OP Developer Claims arising out of the concurrent negligence of Cam -Mar and/or its invitees, guests, employees, agents, contractors or other representatives, OP Developer shall be liable under this Section 9(b) only to the extent of the negligence of OP Developer and/or its invitees, guests, employees, agents, contractors or other representatives, and Cam -Mar shall be liable under this Section 9(b) only to the extent of the negligence of Cam -Mar and/or its invitees, guests, employees, agents, contractors or other representatives. 10. Affected and Benefited Lands. The land affected by the covenants contained in this Agreement with respect to the Temporary Construction Easement and OP Developer's Ingress /Egress Easement is Cam -Mar's Property. The land benefited by the covenants contained in this Agreement with respect to the Temporary Construction Easement and OP Developer's 43169Q86576v3 27060 Ingress /Egress Easement is OP Developer's Property. The land affected by the covenants contained in this Agreement with respect to Cam -Mar's Ingress /Egress Easement is OP Developer's Property. The land benefited by the covenants contained in this Agreement with respect to Cam -Mar's Ingress/Egress Easement is Cam -Mar's Property. 11. Agreement and Easements Run with Land; Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties and the subsequent owners of the Properties. Without limiting the generality of the foregoing in this Section 11, the Temporary Construction Easement and OP Developer's Ingress/Egress Easement shall run with Cam -Mar's Property and every portion thereof, and shall apply to and bind the respective successors in interest to Cam -Mar's Property and every portion thereof for the benefit of OP Developer's Property and every portion thereof. Additionally, without limiting the generality of the foregoing in this Section 11, Cam -Mar's Ingress/Egress Easement shall run with OP Developer's Property and every portion thereof, and shall apply to and bind the respective successors in interest to OP Developer's Property and every portion thereof for the benefit of Cam -Mar's Property and every portion thereof. Upon the sale, transfer or other disposition of OP Developer's Property, OP Developer shall no longer be liable for OP Developer's obligations hereunder. 12. Miscellaneous. (a) Further Documents and Acts. Each of the Parties agrees to execute and deliver such further documents and perform such other acts that may be required by the City and/or that may be reasonably necessary to consummate and carry into effect the agreements contemplated herein. (b) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. (c) Enforcement. The fee simple owner(s) of all or any portion of OP Developer's Property and/or Cam -Mar's Property may employ any lawful means whatsoever to enforce the provisions of this Agreement. In the event of the bringing of any action or suit by any Party hereto against another Party hereunder by reason of any breach of any of the agreements or provisions on the part of the other Party arising out of this Agreement, then in that event, the Party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other Party all costs and expenses of suit, including reasonable attorneys' fees and expert witness fees. (d) Applicable Law and Provisions Severable. This Agreement shall, in all respects, be governed by the laws of the State of California applicable to agreements executed and to be wholly performed within the State of California. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. 43169\286576v3 27061 (e) Mortgagee Protection. No portion of this Agreement or any amendment or violation hereof or thereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of OP Developer's Property or Cam -Mar's Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Agreement. (f) Entire Agreement. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any prior or contemporaneous oral representations concerning this instrument shall be of no force or effect except a subsequent modification in writing, signed by the Party to be charged. IN WITNESS WHEREOF, and for the purposes of complying with the provisions of Section 1468 of the California Civil Code, Cam -Mar and OP Developer have executed this Agreement as of the Effective Date. OP DEVELOPER: TCR #314 NORTHRIDGE LIMITED PARTNERSHIP, a Texas limited partnership By: TCR Southern California II; Inc., �aTexas eneral partner v. Its: -rc.- %we.J- ?CVby,,i CAM -MAR: CAM -MAR GROWERS, a California general partnership By 4a�:— Ronald M. Martin, General Partner By: _fw , R P7 Kay J afro, General Partner 43169%286576v3 27062 STATE OF CALIFORNIA ) ) ss. COUNTY OF a&V� -e ) On �PCeo bP.r ova , 2005, before me, the undersig%(, a Notary Public in and for said County and State, personally appeared QtgC/ /'n-oz Z/ personally known tome (or-prevod to rye enshe h� ' + ^r «� ; -o do ce) to be the person(,&) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /ske4he -y executed the same in his /hefi4heir authorized capacity(ies), and that by his/ter/their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(-&) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ss. COUNTY OF COmn • 1421e13 No�rory PUM . Caehxrdo scow* On , 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed 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 within instrument. WITNESS my hand and official seal. Notary Public 43169 @86576v3 27063 STATE OF CALIFORNIA ) ) ss. COUNTY OF 4;0 O ) On �j� r I4 a� 2005, before methe undersigned, a Notary Public in and for said County and State, personally appeared Knv T I j) Mrrryi proved to me on the basis of satisfactory evidence) to be the person (,&) whose name(sJ islaru- subscribed to the within instrument and acknowledged to me that he/skdthey executed the same in hisilen1their authorized capacity(ies), and that by his/hob4heir signatureWon the instrument the perso , or the entity upon behalf of which the person(s}- acted, executed the within instrument. WITNESS my hand and official seal. 111111 1111�io STATE OF CALIFORNIA ) )SS. COUNTY OF Sadi ) OFFICIAL SEAL O NOTARY PUBLIC- CALIF ORNlA9 SANDIE CO GO L MY COMM. EXP. DEC.26, 2008 On 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ��nr�- r proved to me the basis of satisfactory to be the of satisfact�dence) to be the person�o� hose name( is/esnubscribed to the within instrument and acknowledged to me that Wshe/they executed the same ia4imher /theirauthorized capacity(ies), and that by-Isis/her /their signature(*-on the instrument the person(s),-or the entity upon behalf of which the perspa(s) acted, executed the within instrument. WITNESS my hand and official seal. i 43169\286576v3 W OFFICIAL SEAL ASH NOTARY PUBLIC -CAL FORNI a COMM. NO. 1538900 t ..... F DIEGO COUNTY DEC. Dg MY .27064 . EXHIBIT "A" DESCRIPTION OF OP DEVELOPER'S PROPERTY That portion of the Ea h halfof the Northwest Quarter.o &the Northeast Q uarter of Section. 15, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitasjn the County of San Diego, State, of California, according to the United States Government Survey approved April 19, 1881, more particularly described as follows: Commendng at the Southwest comer of the North 2.00 acres of said East half of the Northwest Quarter of the Northeast Quarter; thence Easterly alongahe South line of said North 2.00 acres,, South 88 degrees 2241." East 302.12 feet; thence continuing along said South line South 88 degrees 22'41 ".East 359.76 feet to an intersection with aline bearing South 01 degree 2927". West from the Northeast comer of said Northwest Quarter of the Northeast Quarter, said line also being the Easterly line of said Northwest Quarter; thence along said Easterly line South Off. . degree 2927" West 440.00 feet to the true point of beginning; thence continuing along last said line South 01;degree 2927' West 138.39 feet to a point on the Northerly right -of -way line of Encinitas Boulevard 102.00 feet wide, said Northerly right -of -way line being anon-tangent curve concave Southerly and having a radius of 851.00 feet; thence Westerly along said curve and right -of -way line, through a central angle of 14 degrees 3429" an arc distance of 216.47 feet to the Northerly'line of the County Road as shown on Road Survey No., 458; thence along said Northerly line South 77 degrees 13'28" West 42.51 feet; thence continuing along said Northerly line South 60 degrees 44,'58" West 93.95 feet; thence departing said Northerly line North 26 degrees 38'54" West 303.71 feet to the boundary line of the land conveyed to Robert E. Feld and wife by Deed recorded March 26, 1951 as instrument no. 37496, in Book 4025, Page 202, of Official Records; thence.along said boundary line North 37 degrees 1635" East 223.23 feet to an . angle point in said boundary line: thence South 06 degrees 3320" East'183.31_feet; thence- South 88 degrees 2241" East 313.30 feet to the true point of beginning. Said property being described as Parcel 2 in a Certificate of Compliance recorded March 24, 2005 . as instrument no. 2005-0240340 of Offidal,Records. i ..43169U8294M . .. - .. . 27065 EXHIBIT "B" DESCRIPTION OF CAM -MAR'S PROPERTY That portion of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to the United States Government Survey approved April 19, 1881, more particularly described as follows: Commencing at the Southwest corner of the North 2.00 Acres of the East Half of said Northwest Quarter of the Northeast Quarter; thence along the South line of said North 2.00 Acres, South 88 022'41 East 302.12 feet; thence continuing along said South line South 88022'41" East 359.76 feet to an intersection with a line bearing South 01029'27" West from the Northeast comer. of said Northwest Quarter of the Northeast Quarter, said line also being the Easterly.line.of said Northwest Quarter; thence along said Easterly line, South 01029'27" West 578.39 feet to a point on the Northerly right -of -way line of Encinitas Boulevard 102.00 feet wide, said Northerly right - of -way line being a non - tangent curve concave Southerly and having a radius of 851.00 feet; .. thence Westerly along said curve and right -of -way line, through a central angle of 14 034'29 an arc distance of 216.47 feet to the Northerly line of the County Road as shown on Road Survey No. 458; thence along said Northerly line South 77 013'28" West 42.51 feet; thence continuing along said Northerly line South 60 044'58" West 93.95 feet to the true point of beginning; thence departing said Northerly line North 26 038'54" West 303.71 feet to the boundary line of the land conveyed to Robert E. Field and wife by Deed recorded March 26, 1951 as instrument no. 37496, in Book 4025, Page 202, of Official Records; thence along said boundary line South 37 016'35" West 76.77 feet to an angle point in said boundary; thence continuing along said boundary line South.67 010'07" West 185.21 feet to that certain agreement line as shown on LS 298 of Official Records; thence along said agreement line North 03 031'01" East 219.81 to a point on the Easterly right -of -way line of Quail Gardens Drive, lying 20 feet Easterly of the centerline as shown on Record of Survey 373, said point being the beginning of a non - tangent curve concave to the West and having a radius of 620.00 feet, a radial line to said point bears South 79 020'48" East; thence Southerly along said curve through a central angle of 19 018'25" an arc distance of 208:92 feet; thence continuing along said right -of -way line South 29 056'50" West 89.77 feet to the beginning of a curve concave to the East and having a radius of 180.00 feet; thence continuing along said right -of -way line Southerly along said curve, through a central angle of 30 030'00" an arc distance of 95.82 feet; thence continuing along said right -of -way line South 00 033'10" East 211.07 feet to the beginning of a curve concave to the West and having a radius of 200.00 feet; thence continuing along said right -of -way line Southerly along said curve, through a central angle. of 27 000'21" and arc distance of 94.27 feet to the centerline of that certain County Road shown on Road Survey No. 458; thence along said centerline North 60 044'58" East 177.10 feet to the 1/16 Section line of said Section 15; thence along said 1/16 Section line North 01043'21" East . 29.16 feet to the Northerly line of said County Road; thence along said Northerly line North 60 044'58" East 394.77 feet to the true point of beginning. Said property being.described as "Parcel 3" in a Certificate of Compliance recorded on March 24, 2005 as instrument no. 2005- 0240340 of Official Records of said San Diego County. 43169\286576v3 EXIMIT "C" DESCRIPTION AND GRAPHIC DEPICTION OF [SEE ATTACHED] 43169U86576v3 27066 27067 EXHIBIT "C" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT AREA AND OP DEVELOPER'S INGRESS /EGRESS AREA BEING A PORTION OF PARCEL 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 24, 2005 AS DOCUMENT NO. 2005 - 0240340 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 3; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE THEREOF, SOUTH 60 044'58" WEST 15.52 FEET; THENCE DEPARTING SAID SOUTHEASTERLY LINE, NORTHWESTERLY, PARALLEL WITH AND 15.50 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID PARCEL 3, NORTH 26 °38'54" WEST 284.42 FEET; THENCE NORTH 63 021'06" EAST 15.50 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, SOUTH 26 °38'54" EAST 283.71 FEET TO THE POINT OF BEGINNING. CONTAINING 0.101 ACRE, MORE OR LESS BY: GtA� �' /ICJ RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09- 30 -06) DATE: H 29 O SJ E. go�GP4\ CL O CL NO. 55136 * Exp. date 9 -30-06 �T�lFOF CAL \f��`! PAGE 1 OF 1 T:Wapping\2557\PLATS- LEGALS \Exh "C"Temp.Const.Esmt. EXHIBIT "C" SHEET 1 OF 1 SHEET L N63'21'06 E LEGEND. 27068 15.50' �� INDICATES TEMPORARY CONSTRUCTION EASEMENT AREA AND OP DEVELOPER'S INGRESS / EGRESS EASEMENT AREA = 0.101 ACRES CAM -MAR'S PROPERTY PARCEL 3 CERTIFICATE OF COMPLIANCE RECORDED MARCH 24, 2006 AS DOC, NO, 20060240340, O.R. NORTHERLY N RIGHT —OF —WAY LINE OF COUNTY ROAD SURVEY �NO. 458 (05 -40) ' Vl r4o PROJECT DESIGN CONSULTANTS rant I Uwd a adit . I BwkwmmrM I &Vkmft I a.y.r RONALD E. R01H L.S. 5506 701 a street• Tune 800 Tan 019 MUM 92101 REGISTRATION EXPIRES 913012006 619.235.0471 Tel eta.z+a.osasr -mx P.O.B. : INDICATES POINT OF BEGINNING OP DEVELOPER'S PROPERTY PARCEL. 2 CERTIFICATE OF COMPLIANCE RECORDED MARCH 24, 2006 AS DOC, NO. 2006- 0240340, O.R. N60 44 580E 15.52' so / , i REVISED BY DATE• DRAWN BY DS DATE. • 11 -16 -05 CHECKED B RR DATE: APPROVED BY RR DATE.• CITY OF ENCINI TAS DATE SCALE 1 " =60' TEMPORARY CONSTRUCTION EASEMENT DOC. N0. AREA AND OP DEVELOPER'S INGRESS / EGRESS EASEMENT AREA DWG. NO. T: \MaPPin9 \2557 \PLATS— LEGALS \PLATS \2557 PvL-Driveway —ESMT —pd3.dw9 Nov 23, 2005 DESCRIPTION AND GRAPHIC DEPICTION OF CAM -MAR'S INGRESS/EGRESS EASEMENT AREA . [SEE ATTACHED] 43I691286576v3 EXHIBIT "D" 2 70 70 LEGAL DESCRIPTION FOR CAM -MAR'S INGRESS/EGRESS EASEMENT AREA BEING A PORTION OF PARCEL 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 24, 2005 AS DOCUMENT NO. 2005 - 0240340 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE THEREOF, NORTH 26 038'54" WEST 283.71 FEET; THENCE DEPARTING SAID SOUTHWESTERLY LINE, NORTH 63 021'06" EAST 15.50 FEET; THENCE SOUTHEASTERLY, PARALLEL WITH AND 15.50 FEET NORTHEASTERLY OF SAID SOUTHWESTERLY LINE, SOUTH 26 038'54" EAST 282.85 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID PARCEL 2, SAID INTERSECTION ALSO BEING IN A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 862.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 32 038'48" WEST; THENCE SOUTHWESTERLY, 2.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 010'34 "; THENCE TANGENT FROM SAID CURVE, SOUTH 60 044'58" WEST 12.88 FEET TO THE POINT OF BEGINNING. CONTAINING 0.101 ACRE, MORE OR LESS BY: C a, RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09- 30 -06) DATE: // fbi D S PAGE 1 OF 1 T:\ Mapping \2557\Plats- Legals \Exhibit"D "Cam- Mars_Ingresstegress esmt. EXHIBIT "D" N63Z1'0fi E 15.50' 2 N� '3 \cp. CAM -MAR'S PROPERTY PARCEL 3 N CERTIFICATE OF COMPLIANCE `J�, `�r RECORDED MARCH 24, 2006 1`7 AS DOC. NO. 2006- 0240340, O.R LI :Ti.1r� MOST SOUTHI OF PARCEL 2 NORTHERLY RIGHT -OF -WAY LINE OF COUNTY ROAD SURVEY r-NO. 458 (05 -40) tLLEEGGEEND. L:I i P.Qa (R) SHEET 1 OF 1 SHEET 27071 INDICATES CAM -MAR'S INGRESS / EGRESS EASEMENT AREA = 0.101 ACRES INDICATES POINT OF BEGINNING INDICATES RADIAL BEARING OP DEVELOPER'S PROPERTY PARCEL 2 CERTIFICATE OF COMPLIANCE RECORDED MARCH 24, 2006 AS DOC, NO, 2006 - 0240340, O.R. /\ a \ � R�sA' 00 7RNER rill '4' �5$a$ Va�2 ly a 'o' ", 11 Vz rePROJECT DESIGN CONSULTANTS Pimo I l.dw. adhmon I &MwumnW I Domro I &rAV 701 B Street, Suite B00 San Dlego. CA 92101 919238.8471 Tel e1B234.0349 Fox REVISED BY.- DATE• DRAWN BY. DS DATE.• 11 -16 -05 CHECKED BY. RR DATE.• APPROVED BY RR DA IF. ENGINEER OF WORK.' PROJECT DESIGN CONSULTANTS 701 B STREET, SU17F 800 SAN DIEGO, CALIFORNIA 92101 Pj4QNE.• (619) 235 -64171 * NO. date RONALD E. ROTH, L.S. 5506 DATE REGIS7RA17ON EXPIRES 913012006 CITY OF ENCINI TAS CAM -MAR'S INGRESS / EGRESS EASEMENT AREA T.• \Moppi7g \2557 \PLA7S- LEGALS \PLATS \2557 Pvt-Driveway-ESMT -pd2drg Nov 23, 1005 SCALE l--60' DOC. NO. roll,