1995-330579
JUL- 5-95 WED 14: 12 ~ ""'-. P.02
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. DOC 11995-0330579
01-MJG-1995 12150 PM
Recording Requested By: )
) mCI" REI8S
City of Encirlitas)-\. 51tH DIEGO aum R£t8Ð'S IfFIŒ
»)- /\ 263 GREØY SIIITH. CIIIITY Rf.tE
When Recorded Mail To: ) ; , RFI 24.00-0 FŒSI M.OO
city Clerk J Aft 39 00
city of Encini taB ¡,'l ' 1ft t" 00
505 S. Vulcan Avenue i ¡ .
Encinitas, CA 92024 " / I """
) ,
Space Above For Recorder'S Use
n PRIVATE DRIVEWAY, SEWER AND DRAINAGE FACILITIBS
~ ~ MAINTENANCE AGREEMENT
FOR
I{(11 ALESCO DEVELOPMENT COMPANY
3-~.0\)
Assessor's Parcel Project No.: TM 94-199
No. 258-111-05,06,&30 W.O. No.: 4289 G
THIS AGREEMENT for the maintenance and repair of: (1) certain
private driveway easements, the leq~l description and/or plat of
which is set forth in Exhibit 'fA" attached hereto, (.Private
Driveway.) (2) certain private drainage facilities, the legal
description and/or plat of which is set forth in Exhibit 8B"
attached hereto and made a part hereof (MDrainage facilities.); and
(3) certain private sewer facilities, the leqal description and/or
plat for which is set forth in Exhibit Mc" attached hereto (8Sewer
Facilities.), (the "Private Driveway., "Drainage Facilities. and
"Sewer Facilities. are collectively referred to herein as the
"Improvements.) is entered into by Alesco Development Company
(hereinafter referred to as "Developer") for the benefit of future
subdivision lot owners who will use the Improvements (hereinafter
referred to as -Lot owners", which shall include the Developer to
the extent the Developer retains any ownership interest in any Lot .
or Lots within the Property) and for the benefit of any future
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JUL- 5-95 WED 14:13 P.O3
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association formed by the Lot Owners to perform, among other
things, the maintenance required hereunder"
WHEREAS, this Aqreement is required pursuant to Resolution No.
PC9.5-06 as a condition ot. approval by the City of Encinitas (.city")
of a subdivision map and subdivision project as defined in Section
21065 of the Public Resources Code and. pursuant to City of
Encinitas Municipal Code Section 24.16.060 and Section 24.29.040;
and
WHEREAS, Developer is the owner of certain real property beinq
subdivided and developed as office buildings that will use and
enjoy the benefit of said Improvements. A complete legal
description of said real property is attached hereto as EXhibit D
and incorporated by reference. Said real property is hereinafter
referred to as the "Property". Pursuant to the sUbdivision map
approved by the City, the Property is being sub<U vided into
separate lots e'Lots") as shown on the subdivision map recorded for
the Property: and
WHEREAS, it is the desire of the Developer that said
~mprovements be maintained in a safe and usable condition by the
Lot Owners 1 and
WHEREAS, it is the desire ot the Developer to establish a
method for the maintenance and repair of said Improvements and for
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JUL- 5-95 WED 14:14 P,O4
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the apþo~ion~ent of the expense of such maintenance and repair
amonq existing and future Lot owners; and
WHEREAS, it is the intention of the Developer that this
Agreement constitute a covenant running with the land, binding upon
each successive Lot OWner of all or any portion of the Property,
and that 't:11e obllq~tion created hereunder may eventually be
performed by an association at the owners.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The Property is benefitted by this Agreement and present
and successive Lot OWners of all or any portion of the Property are
expressly bound hereby for the benefit of all lots within the
Property.
2. Except as it may be amended by the Declaration referenced
in paragraph 16, the cost and expense of maintaining the
Improvements shall be divided equally among the Lots and paid by
each Lot OWner or the heirs, assigns and successors in interest of
each 8uoh Lot Owner. Additionally, the cost and expense of real
property taxes and insurance for or with regard to the Private
Driveway shall be divided equally <Unong the Lots, or otherwise
apportioned pursuant to the Declaration referenced in paragraph 16.
3. In the event any of the herein described parcels of land
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JUL- 5-95 WED 14:14 P.D5
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268
are subdivided further, the Lot OWners, heirs, assigns and
successors in interest of each such newly created parcel shall be
liable under this Agreement for their then pro rata share of
expenses and such pro rata shares of expenses shall be computed to
reflect such newly created parcels.
4. The repairs and maintenance to be performed under thi.
Agreement shall be limited to the t'ollowinq unless consent for
additional work is agreed to by a majority vote of the Lot Owners
including subdivisions thereof as described in paragraph 3 above:
(a) Reasonable and normal road improvement and
maintenance work to adequately maintain the Private Driveway
and Drainage Facilities to permit all weather access and use.
Repair and maintenance shall include, but is not limited to,
filling of Chuckholes, repairing cracks, repairing and
resurfacing of roadbeds, repairing and maintaining drainage
structures, removing debris, maintaining signs, markers,
stripinq and lighting, if any, and other work reasonably
necessary or proper to repair and preserve the Private
Driveway tor all weather use.
(b) Reasonable and normal improvement and maintenance
work to adequately maintain the Sewer Facilities.
5. If ~here is a covenant, agreement, or other obligation
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"-"
imposed as a condition of subdivision approval to construct the
Improvements, the obllqatlon to repair and maintain the
Improvements as herein set forth shall commence when the
Improvements have been completed and approved by the city.
6. Any extraordinary repair required to correct damage to
any of the Improvements that results from action taken or
contracted for by Lot Owners or their employees, aqents and
sUccessors in interest shall be paid for by the party taking action
or party contracting tor work which caused the necessity for the
extraordinary repair. The repair shall Þ. such as to restore the
Improvements to the condition existing prior to said damage.
7. It 1s agreed that Developer is initially the agent to
contract and oversee and do all act~ necessary to acc~mplish the
repairs and maintenance required and/or authorized under this
Agreement. Developer further agrees that the aqent may at any time
be replaced at the direction of a majority of the Lot Owners who
shall have one vote for each lot they own. Repair and maintenance
work on the Improvements shall be commenced when a majority of the
Lot Owners agree in writing that such work is needed. The agent
shall obtain three bids from reputable licensed contractors capable
of performing the work requested and shall accept the most
qualified bid of said three bids and shall then initiate the work.
The agent shall be paid for all costs incurred including a
reasonable compensation for the agent's services, and such costs
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JUL- 5-95 WED 14:16 P.07
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shall be added to and paid as a part of the repair and maintenance
costs, provided, however, that oompenaation for the agent's
services shall in no event exceed an amount equivalent to lot of
the actual cost of repairs and maintenance performed or in no event
shall the Association referred to in paraqraph 16 receive any
compensation for its work should it become the agent. In
performing his duties, the agent, as he anticipates the need tor
funds, shall notify the parties and each party shall within forty-
five (45) days pay the agent, who shall maintain a trustee account
and also maintain accurate accounting records which are to be
available for inspection by any party or authorized agent upon
reasonable request. All such records shall be retained by the
agent for a period of five years.
8. Should any Lot Owner fail to pay the prorata share of
costs and expenses as provided in this Agreement, then the agent or
any Lot Owner or Owners shall be entitled without further notioe to
institute legal action for the. collection of funds advanced on
behalf of such lot owner in accordance with the provisions of
California civil Code Section 845, and shall be entitled to recover
in such action in addition to the funds advanced, interest thereon
at the rata of ten percent (10\> per annum, until paid, all costs
and äiSburseents of such action, including such sum or sums as the
Court may fix as and for reasonable attorney's fees.
9. Any li~bility of the Lot Owners for personal injury to
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JUL- 5-95 WED 14:16 P.08
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the agen~ hereunder, or to any worker employed to make repairs or
provide maintenance under this Agreement, or to third persons, a.
well as any liability of the lot owners for damatJe to the property
of agent, or any such worker, or of any third persons, as a result
of or arisinÇJ out ot repairs and maintenance under this Agreement,
shall be borne, as between the Lot Owners in the same percentages
as they bear the costs and expenses of such repairs and
maintenance. Each Lot OWner shall be responsible for and maintain
his own insurance, if any, unless an Association i. formed and in
such event the Association may be the primary party responsible tor
insurance. By this AÇJreement, the Developer does not intend to
provide for the sharing of liability with respect to per.onal
injury or property damage other than that attributable to the
repairs and maintenance undertaken under this Agreement. Each ot
the Lot OWners agrees to indemnify the others from any and all
liability for injury to himselt or damage to his property When such
injury or damage results trom, arises out of, or is attributable to
any maintenance or repairs undertaken pursuant to this Agreement.
10. Lot Owners shall jointly and severally defend and
indemnity and hold harmless City, Cityls engineer and its
consultants and each of its officials, directors, officers, agents
and employees from and against all liability, claims, damaqes,
losses, expenses, personal injury and other costs, including costs
of defense and attorneyls fees, to the agent hereunder or to any
Lot Owner, any contractor, any subcontractor, any user of the
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JUL- 5-95 WED 14:11 P.O9
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270
Private Driveway easement, or to any other third person arising out
of or in any way related to the use ot, repair or maintenance of,
or the failure to repair or maintain the I~rove.ents.
Nothing in the Agreement, the specifications or other contract
documents or city's approval of the plans and specifications or
inspection of the work is intended to include a review, inspection
acknowledgment of a responsibility for any such matter, and city,
City's engineer and its consultants, and each of its officials,
directors, officers, employees and agents, shall have no
responsibility or liability therefore.
11. The foregoing covenants shall run with the land and shall
be deemed to be for the benefit of the land of each of the Lot
Owners and each and every person who shall at anytime own all or
any portion of the property referred to herein.
12. It is understood and agreed that the covenants herein
contained shall be binding on the heirs, executors, administrators,
successors, and assignees of each of the Lot Owners.
13. It is the purpose ot the signatories hereto that this
instrument be recorded to the end and int8n~ that the obligation
hereby created shall be and constitute a covenant running with the
land and any subsequent purchaser of all or any portion thereot, by
acceptance of delivery of a deed and/or conveyance regardless ot
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JUL- 5-95 WED 14:18 PolO
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form, shall be deem~d to have consented to and become bound by this
Agreement, including without limitation, the right of any person
entltlÐd to enforce the terms of this Agreement to institute legal
action as provided in Paragraph 8 hereof, such remedy to be
cumulative and in addition to other remedies provided in this
Aqreement and to all other remedies at law or in equity"
14. With the consent of the City, the terms of this Agreement
may b. amended in writing by the Developer prior to the conveyance
ot a Lot in the PropertY1 and subsequently upon majority approval
ot the Lot Owners.
15. This Agreem9nt shall be governed by the laws ot the state
of California. In the event that any of the provision of this
Aqreement are held to be unenforceable or invalid by any court of
competent jurisdiction, the validity, and enforceability of the
remaining provisions shall not be affected thereby.
16. If the Property constitutes a "Common Interest
Development- as defined in Cðlifornia Civil Code section 1351 which
will incl ude membership in or ownership of an "Association- as
defined in California Civil Code Section 1351(&), anything in this
Agreement to the contrary notwithstanding, the following provisions
shall apply at and during such time as (I) the Property 1s
encumbered by a -Declaration* (as definod in California civil Code
Section 1351(h), and (il) the Common Area of the Property
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JUL- 5-95 WED 14:18 P.ll
272
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( incl uding the Private Driveway, Sewer Facilities and Drain~9.
Facilities easement) is managed and controlled by an Assooiation:
(a) Notwithstanding any provision hereof, the
Association, through its Board ot Directors, shall repair and
maintain the improvements and shall be deemed the agent as
referred to in Paragraph 7 above. The Association, which
shall not be replaced except by amendment to the Declaration,
shall receive no compensation for performing such duties. The
costs of suCh maintenance and repair shall be assessed against
each lot owner and his subdivision interest in the Property
pursuant to the Declaration. The assessments shall be
deposited in the Association's corporate account.
(b) The provision in the Declaration which provides for
assessment liens in favor of the Association and enforce~ent
thereof shall supersede Paraqraph 8 of the Agreement in its
entirety. No individual owners shall have the right to alter,
maintain or repair any of the Common Area (as defined in
California Civil Code Section 1351(b) in the Property except
as may be allowed by the Declaration.
(c) The Deolaration may amend. and/or replace the terms of
this Agreement in its entirety provided it adequately
addresses the maintenance and repair of the Improvements and
is approved by the City.
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JUL- 5-95 WED 14:19 P.12
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(d) This Aqreement shall not be interpreted in any
manner which reduces or limits the Association's rights and
duties pursuant to ita Bylaws and Declaration.
IN WI'l'NESS WHEREOF, the undersigned has executed this
Agreement on the s-hí day of .::::f"~1 ' 1995.
Developer:
Alesco Development C~panYI
A California general partnership
By:
g;\Hr\~?3:¡\ROAD.OOl
-11-
C~LIFqRNIA ALL.PURPOk--ACKNOWLEDGMENT ...-' No. 5907
State of California 274
County of San Dieqo
On July 5, 1995 before me, Rusty S. Bateman ,
DATE NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Alan Young
,
NAME(S) OF SIGNER(S)
~ personally known to me . ORX~Kä)(ä)fKä~~IIJØl(U~~~
to be the personQt) whose nameQt) is/~
subscribed to the within instrument and ac-
knowledged to me that he/lK~ executed
the same in his!1Qa~ authorized
capacity(ies). and that by his/Kä1ØfKä1t
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
~ ~ ~ ~ ~ ~ 1 person(s) acted, executed the instrument.
'.. . .~u.-
... . CQMM. # 1Ot9M5 I WITNESS my hand and official seal.
I .. . NIIøY MIc - CaIfomIa ..
. 8M DIEGO COUH1Y
J~ ~ ..~ ~w.:~.~~1~1~~1 ~~
~~NATUREOFNOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER Private Driveway, Sewer and
Drainaqe Facilities Maint. Aqre rn
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) ~IMITED
GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309.7184
JUL- 5-95 WED 14:19 P.13
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EXHIBIT LIs.î 275
A. Private Driveway Ease.ent
B. Drainaqe Pacilities
c. Sewer Facilities
D. Property Description
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276
EXIBr -A-
PRNA'Æ œM1I4Y
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PRIVATE: SlORII DRAIN FACIUTIES
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EXIfBIT-r:
PRIVATE SEIER FACII.IßfS
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EXHIBIT D
PARCEL 1: (APN 258-111-06)
ALL 1HAT FORTICN OF '!HE WEST' HALF OF '!HE NJR~ ÇUARTER OF '!HE IDRIHWEST QUARTER
OF SECI'ICN 15, 'KWNSHIP 13 saJIH, IWΠ4 WESl', SAN BERNARDIN) BASE AND MERIDIAN, IN
'!HE CITY OF ENCINI'JAS, CXXJNIY OF SAN DIEm, srA'IE OF CALIFORNIA, ACCDRDm3 'ID 'IHE
UNITED srATES OOVERNMENI' SURVEY 'IHERIDF APPROVED APRIL 19, 1881, DESŒIBED :AS
FOLLCWS :
CIM-1ENCIN3 AT '!HE IDRTHEAST <DRNER OF SAID NJR'IHWESl' QUARTER OF SECI'ICN 15 ¡ THENCE
scmH 8 9 ° 4 9 I 3 0 " WEST' AI.J:N3 '!HE IDR'IH LINE OF SAID IDRTHWEST QUARTER ¡ 6 7 3 . 31 FEEl' 'ID
'!HE IDRTHEAST <DRNER OF A PARCEL OF lAND DESŒ.IBED IN DEED 'ID ALVIN T. CANDEE AND
WIFE DATED JANUARy 8, 1946 AND RE<DRDED MARΠ4, 1946 IN BCOK 2073, PAGE 26 OF
OFFICIAL RE<DJIDS¡ THENCE saJIH 1°34'15" WESl' AI.CN3 'IHE EAST LINE OF SAID lAND AND ITS
sournERLY PROLCN3ATIŒ, 534 . 22 FEET TO '!HE IDRTHEAST <DRNER OF A PARCEL OF LAND
DESŒIBED IN DEED 'ID HARRY W. JOHNSON AND WIFE DATED DEŒMBER 12, 1945 AND RECDRDED
JANUARY 8, 1946 IN BCOK 2032, PAGE 108 OF OFFICIAL RE<DRDS AND 'IHE '!RUE FOmr OF
BffiINNIN3¡ TdENŒ SOUIH 87°14'30" WEST (RECDRD sourn: 87°11'45" WEST') Al.CN3 'IHE IDR'IH
LrnE OF SAID JOHNSCN' S lAND, 146.37 FEET TO '!HE IDRTHEAST <DRNER OF A PARCEL OF LAND
DESŒIBED IN DEED 'ID W. sroLL AND WIFE DATED MARŒ 2, 1946 AND RE<DRDED APRIL 17,
1946 IN BCOK 2100, PAGE 333 OF OFFICIAL RECDRDS¡ THENCE o::Nl'INUIN3 scum 87°14'30"
WFSI' (RE<DRD saJIH 87°11'45" WEST') AILN3 '!HE NJR'IH LINE OF SAID SIOLL'S lAND, 288.38
FEET 'ID A FOINT !HAT IS IDR'IH 87°14' 30" FAST (RECORD IDR'IH 87°11'45" FAST) 241.61
FEET FRQ.1 '!HE INI'ERSECl'IΠOF 'IHE WESIERLY PRDI.(]\GITICN OF SAID N:>RnI LINE WI'IH 'IHE
WESl' LINE OF SAID IDR'!EFAST QUARTER OF '!HE IDRIHWEST QUARTER ¡ THENCE IDR'IH 2 ° 4 5 ' 30 "
WESl' , 186 . 0 0 FEET ; THENCE AT RI GRI' AN3LFS .9:XJIH 8 7 0 14 ' 3 0 " WESI' , 22 6 . 81 FEET 'ID 'IHE
WFSI' LINE OF SAID NJRIEEA9T QUARTER OF '!HE IDRIHWEST QUARTER; THENCE NJRTH 1 ° 4 7 ' 30"
FAST .AI.(N; SAID WESI' LINE 20.06 FEET TO 'lEE SCXJIBWFST CDRNER OF 'IHE AFORESAID lAND
DESaUBED IN DEED 'IO CANDEE; '!HENCE N:>Rnl 87°14'30" EAST (RE<DRD IDR'IH 87°11 '45"
FAST ) AU:N3 '!HE SOUIH LINE OF SAID O\NDEE 'S lAND 6 7 6 . 6 0 FEEl' 'ID 'IHE 9X1IHFAST CDRNER
'IHEREDF; 'IEENCE sanH 1°34'15" WESI' AI!:N3 '!HE sa:JIHERLy PRO~IŒ OF '!HE FAST LINE
OF SAID lAND, 2 0 6 . 6 0 FEET 'ID '!HE '!RUE FO INT OF BID rnNIN3 .
EXCEPI'IN3 'IHEREFRQ't1 ALL !HAT FQRTICN DESCRIBED :AS FOI.l.CMS:
--'
--
I.B3AL DFSCRIPI'IΠa:NI'muED . . '
. 280,
c.::M-1ENCIN3 AT THE roR'IHEAST roRNER OF SAID roRmWEST (UARTER OF SECTIΠ15; '!HENCE
s:urn 8 9 ° 4 9 ' 3 0 II WEST ALCN3 THE roRIH LINE OF SAID NJRIHWESI' ÇUARTER , 6 7 3 . 31 FEEI' 'ID
T.~ IDRIHE'AST CDRNER OF A PARCEL OF lAND œsŒIBED IN DEED 10 ALVIN T. CANDEE AND
\\'"IFE, DATED JANUARy 8, 1946 AND RECDRDED MARΠ4, 1946 IN BCOK 2073, PAGE 26 OF
O:FICIAL RECDRDS; THENCE saJIH 1°34' 15" WEST AI..CN3 THE FAST LINE OF SAID IAND AND ITS
s:vrnERLY PROLCN3ATION , 534 . 22 FEEl' 'ID THE N)Rl'HEAST (J)RNER OF A PARCEL OF LAND
D=:scRIBED IN DEED 10 HARRY W, JOHNSCN AND WIFE, DATED DECEMBER 12, 1945 AND RECDRDED
JANUARy 8, 1946 IN BCOK 2032, PAGE 108 OF OFFICIAL RE(J)RDS AND THE TRUE romr OF
æx;INNDl3; '!HENCE roJIH 87°14'30" WEST (RECDRD saJIH 87°11'45" WEST) ALCN3 THE roR'IH
LINE OF SAID JOHNSCN' S LAND, 146 . 37 FmI' 'ID THE N)Rl'HEAST (J)RNER OF A PARCEL OF LAND
D=scRIBED IN DEED 'ID W. sroLL AND WIFE , DATED MARΠ2 , 1946 AND RECDRDED APRIL 17,
1946 IN BCOK 2100, PAGE 333 OF OFFICIAL RECDRDS; THENCE CX:NI'IN\JIN3 g)JIH 87°14' 30 II
\\=sr (RECORD saJIH 87°11'45" WEST) ALCN3 THE roRIH LrnE OF SAID sroLL'S IAND 57.30
EEI'; 'THENCE IDR'IH 02°45'30" WEST, 206.00 FEEl' 10 THE SOUTHERLy LINE OF THE AFORESAID
CANDEE'S LAND; '!HENCE roRIH 87° 14 I 30" FAST (RECDRD NJRIH 87° 11' 45" FAST) Al.CN3 THE
S::XJIH LINE OF s.;ur> ~EE'S IAND 219.26 FEEl' 10 THE ~ CDRNER'IHEREDF; THENCE
SCXJIH 1°34'15" WEST ALCN3 THE SQUIHERLY PRO~IŒ OF THE FAST LINE OF SAID LAND,
206.60 FEEl' 10 THE TRUE romr OF BffiINNIN3.
Þ!.SJ EXCEPI'IN3 'I'HEREFRŒ1 ALL THAT roRTION LYIN3 WI'IHIN THE FOLI£MIN3 DFSCRIBED
PROPEro'Y:
A srRIP OF lAND 60.00 FEET IN WIDTH, LYIN3 30.00 FEET ON EArn SIDE OF THE FOLlCWING
D3SŒIBED CENTER LINE:
533INN1N3 AT THE JNIERSECI'ION OF THE CENTER LINE OF ROAD SURVEY 458-66 (ENCINITAS
ELVD,) AND ROAD SURVEY 700-1 (SAXCNf ROAD) AS ~ ON PLATS OF SAID ROAD SURVEY 700-
1 CN FILE IN THE OFFICE OF THE roJNIY EN3INEERS OF SAN DIEXD CXXJNIY, SAID romr BEIN3
EN3INE:ERJN3 S'ITŒION 0+00 ON THE œNSI'RUCl'ION LINE OF SAID ROAD SURVEY 700-1 AND
EAV'IN3 (D)RDINATES N=322, 317 . 909 AND E=1, 682, 933 .485 OF THE CALIFORNIA (D)RDINATE
SYSTEM GRID ZCNE 6; 'IEENCE Al.CN3 SAID a:NSI'RUCI'ION roR'IH 4 ° 03 I 29 II WEST, 298. 55 FEET
ro'lEE BffiINNIN3 OF A TAN:;ENI' CURVE TO THE RIGHT, a:NCAVE ~Y HAVIN3 A RADIUS OF
1,000 FEET; THENCE IDR'IHERLY AI.CN3 SAID CURVE 'IHROU3H AN3LE OF 5°21'30" AN ARC
DIsmNCE OF 93.52 FEEI'; THENCE 'rnN3ENI' 10 SAID CURVE roR'IH 1°18 I 01" FAST, 540.91 FEET
TO A romr ON THE NJR'lHERLY LINE OF SAID SECTIŒ 15, DIsrnNI' '!HEREX:N g)JIH 89°49'30"
WESI' , 12 FEEI' FR(M THE scmHEAST CDRNER OF THE scmEWFSI' ÇGARTER OF THE scmEWFSI'
ÇUARI'ER OF SECTION 10, ~P 13 roJIH, RAN3E 4 WEST , SAN BERNARDIN:> BASE AND
ME:RIDIAN, SAID romr HAVIN3 THE (D)RDINATFS N=323 , 249 . 963 AND E=1, 682, 922 .384 OF THE
CALIFORNIA a:œDINA'IE SYSTEM GRID zc.NE 6.
PARCEL 1A:
AN FASEMENI' AND RIGHT OF WAY OVER, UNDER, AI..CN3 AND ACROSS A roRI'IΠOF PARCEL 2 OF
PARCEL MAP 8787, IN THE CI'lY OF ENCINITAS, CXXJNI'Y OF SAN DIEXD, SI'ATE OF CALIFORNIA,
ACCrJIDOO 10 MAP 'lEEREDF, FILED IN THE OFFICE OF 1;EE CDJNIY RECDRDER OF SAN DIEXX)
<XXJNIY ON JUNE 8, 1979, DFSauBED AS FOI...LCWS:
BEX3INN1N3 AT THE SCXJIHWESl' roRNER OF SAID PARCEL 2; THENCE IDRIH 19°02'04" WEST ALCN3
THE SCUIHWFSTERLY LINE OF SAID PARCEL 2 A DISTANCE OF 15 . 63 FEEl' ; T'nENCE NJRIH
87°14 '43" FAST 108.71 FEET; 'IEENCE SCXJIH 02°45' 17" FAST 15.00 FEET 10 THE roJIH LINE
0: SAID PARCEL 2; '!HENCE SOOIH 87°14'43" .WEST 104.33 FŒI' 10 THE romr OF BffiINNIN3.
'---'
-'
LÐ3AL DESCRIPrICN cmTINUED . . .
..- ..' - 281
.
PARCEL 1B:
AN FASEMENl' AND RIGHI' OF WAY OVER, UNDER, AI..Cro AND ACROSS A roRTICN OF PARCEL 1 OF
PARCEL MAP 8787, IN '!HE CITY OF ENCmITAS, CXXJNIY OF SAN DIEX:D, STATE OF CALIFORNIA,
A.CCDIIDIN3 'IO MAP 'lHEREDF, FILED IN 'THE OFFICE OF '!HE CXXJNI'Y RECDRDER OF SAN DIEro
cnJNI'Y CN JUNE 8, 19 7 9, DESCRIBED AS roLI.ŒS:
BE)3INNJN3 AT THE SQUIHWESI' CDRNER OF s.2'liD PARCEL 1; THENCE IDR'IH 00°40 '35" EAST ALCN3
THE WEST LINE OF SAID PARCEL 1 A DIsrnNCE OF 20. 03 FEET; THENCE IDRTH 87°14 143" FAST
200.53 FEEl'; '!HENCE scum 02°45'17" EAST 5.00 FEET; THENCE IDRTH 87°14'43" FAST
208.96 FEEl' 'IO THE IDRIHEASTERLY LINE OF SAID PARCEL 1; THENCE scum 19°02'04" FAST
15.63 FEEl' 'IO THE SCUIHE'AST CDRNER OF SAID PARCEL 1; 'IHENCE 9JUIH 87°14 '43" WEST
415 . 0 7 FEEl' 'IO THE ro mr OF BE)3 INNIN3 .
PARCEL 2: (Am 258-111-30)
'IHAT roRTICN OF THE WEST HALF OF THE IDRIHFAST ç;;uARIER OF THE IDR'IEWE'SI' QUARTER OF
SECTICN 15, ~IP 13 scum, RAN3E 4 WEST, SAN BERNARDIN) BASE AND MERIDIAN, IN '!HE
o:nn'Y OF SAN DIEX:D, SI1crE OF CALIFORNIA, ACCORD 00 'IO UNITED SIATES GJVERNMENI'
SURVEY, APPROVED APRIL 19, 1881, ~ WITH 'IHAT roRTICN OF PARCEL 2, IN THE
cnJNI'Y OF SAN DIEX:D, STATE OF oo..IroRNIA, AS SHa-tN AT PAGE 3037 OF PARCEL MAPS, FILED
ill THE OFFICE OF THE CDUNTY RECDRDER OF SAN DIEro CXXJNI'Y, SUlIEMBER 12, 1974,
DESCRIBED AS FOLLCWS:
œM>1ENCIN3 AT '!HE IDR.THEAST CDRNER OF SAID N:)R1HFAS'T QUARTER OF THE IDR'IHWESI'
QUARTER; THENCE scum: 89°49'30" WFST ALCN3 THE NJR'IHERLY LINE OF SAID NJR'lliEAST
QUARTER OF THE IDRIHWESI' QUARTER, 673.31 FEEl' 'TO AN INIERSEcrICN WITH '!HE NJRTiJERLY
PROl.(N3ATICN OF THE FASTERLY LINE OF A PARCEL OF lAND CONVEYED 'IO HARRY W. JOHNsœ
AND WIFE, BY DEED DATED DECEMBER 12, 1945 AND RECDRDED IN BOOK 2032, PAGE 108 OF
OFFICIAL RECDRDS; THENCE scum 1°34 '15" WEST ALCN3 SAl.!) IDR'IHERLY PROI..C:N3ATICN OF '!HE
EAST LINE OF lAND SO CONVEYED 534.22 FEET 'TO THE roRIHEASTERLY CDRNER OF SAID LAND;
THENCE 9JUIH 87°11 '45" WFST ALCN3 THE IDRIHERLY LmE OF SAID JOHNSCN lAND 146.37 FEET
'TO 'THE IDR.'IHWFSI'ERLY CDRNER 'lHEREDF; BEIN3 THE 'TRUE romr OF BEX3INNIN3; THENCE
cmrrnum:; SCXJIH 87°53'12" WEST AU:N3 THE SXfIHWESl'ERL Y PROLCN3ATICN OF SAID
IDR'IHERLY LINE BEIN3 A"Im THE IDRIHEASTERLY PROI.(N",NICN OF THE IDR'IHERLY LINE OF A
PARCEL OF lAND CONVEYED 'IO ROBER!' B , MCCLARY AND WIFE, BY DEED mTED DECEMBER 12 ,
1945 AND RECORDED IN BOOK 2024, PAGE 49 OF OFFICIAL RECDRDS, 199.13 FEET; THENCE
s:xJIH 0°0' 00" 123 FEET; '!HENCE scum: 50°0' 00" WFSI'.53 FEEl'; THENCE scum: 9°52' 09"
FAST 194.10 FEET; THENCE SCXJIH 68°37'12" EAST 12 FEET; THENCE SCXJIH 21°22'48" WEST 20
FEET; '!HENCE ~Y ALCN3 A 851 FroI' RADros aJRVE" a:NCAVE roJIEWE'SI'ERLY IN 'lEE
IDRIHERLY LINE OF !MID DESCRIBED IN DEED 'IO THE cnJNI'Y OF SAN DIEx:D, RECDRDED eN
APRIL 14, 1967 AS IXXD1ENI' ro. 52095 OF OFFICIAL RECDRDS 52 FEEl' M)RE OR LESS 'TO A
romr IN THE WESTERLY ~ OF SAID JQHNS:N lAND; THENCE IDRIH 21°23' 12" FAST
ALCN3 THE WESTERLY LINE OF SAID ~ IAND, 418.30 FEE!' M:>RE OR lESS 'IO THE 'TRUE
romr OF BEX3INNIN3.
EXCEPI' FRCM SAID PARCEL 2 OF PARCEL MAP ID. 3037 ALL OIL, GAS AND OIHER MINERAL
RIGHTS IN AND UNDER SAID PROPERTY ~ WTIH THE EXCUJSIVE RIGHI' 'TO USE SOCH
roRTICN OF SAID PROPERlY LYIN3 M)RE 'IHAN 500. 00 FEET BEI..a-1 THE SURFACE 'IHERIDF roR
'lEE EXI'RACI'ICN OF OIL, GAS AND MINERAlS FRCM s.=uD PROPER'IY OR PROPERITES ill '!HE
VICINITY '!HEREDF; lD'ÆVER, wrrn ID RIGHTS OF SUR="""'AG ENIRY WHATSOEVER.
, . '....-
-"
~ œsŒ.IPI'ICN <XNI'INUED . . .
-~.. . 282
PARCEL 3: (~PN 258-111-05)
ALL '!HAT roRTICN OF THE WEST HALF OF THE IDRillEAST ÇUARTER OF THE NJRIHWESI' QUARTER OF
SECI'ICN 15, 'IG'NSHIP 13 saJIH, RMΠ4 WEST, SAN BERNARDIN) BASE AND MERIDIAN, IN THE
CITY OF ENCOOTAS, cx:u-.nY OF SAN DIEm, srATE OF CALIFORNIA, ACCDRDIN3 'IO OFFICIAL
PIAT 'IHEREDF, DESCRIBED ÞS FOI..I.CWS:
CXM£NCIN3 AT 'mE IDRI'HEAST CDRNER OF SAID NJRIHWFSI' QUARTER OF SECTICN 15; '!HENCE
scum 89°49130" WEST AI.J:N3 THE N)RIH LINE OF SAID NJRTHWFSI' QUARTER, 673.31 FEEl' 'IO
'IHE roRIHEAST CDRNER OF A PARCEL OF lAND DESCRIBED IN DEED 'IO ALVIN T. CANDEE AND WIFE
DATED JANUARy 8, 1946 AND RECDRDED MARŒ 4, 1946 IN B£X)K 2073, PAGE 26 OF OFFICIAL
RECDlIDS; '!HENCE sourn 1 ° 34 1 15" WEST ~ THE EAST LINE OF SAID lAND AND ITS SOUIHERLY
PROI.CN3ATICN. 534.22 FEEl' 'IO THE NJR'IHFAST CDRNER OF A PARCEL OF lAND DESŒIBED IN
DEED 'IO HARRY w. JOHNSCN AND WIFE DATED DEæ1BER 12, 1945 AND RECDRDED JANUARY 8,
1946 IN B£X)K 2032, PAGE 108 OF OFFICIAL RECDRŒ AND 'mE '!RUE romr OF BÐ3INNIN3;
T'rtENCE SCXJI"'d 87°14130" WEST (RECDRD sourn 87°11'45" W..BT) ALQiX3 THE NJR'IH LINE OF SAID
JœNSCN' S lAND 146. 37 FEEl' 'ID THE NJRT'dEAST CDRNER OF A PARCEL OF lAND DE'SæIBED IN
DEED 'IO w. SIOLL AND WIFE DATED MARŒ 2, 1946 AND RECDRDED APRIL 17, 1946 IN B£X)K
2100, PAGE 333 OF OFFICIAL RECDRDS; 'THENCE a:NI'INUIN:; sourn 87°14' 30" WEST (RECDRD
SCXJIH 87°11'45" WEST) AI..!:N3 THE IDR'IH LINE OF SAID SIOLL'S lAND 57.30 FEET; '!HENCE
NJR'IH 02°45'30" WEST 206.00 FEEl' 'ID THE SOUIHERLY LINE OF THE AFORESAID CANDEE'S lAND;
'!HENCE NJR'IH 87°14'30" EAST (RECDRD N:RIH 87°11'45" EAST) ALCN3 THE saJIH LINE OF SAID
CANDEE'S lAND 219.26 FEEl' 'ID THE roJIEEAST CDRNER '!HEREDF; '!HENCE saJIH 1°34' 15" WEST
.AI.(N3 THE SOUIHERLY PRO~ICN OF THE EAST LINE OF SAID lAND 206.60 FEET 'IO THE '!RUE
FOINI' OF BÐ3INNIN3.
10/17/94
MV