1990-110876 ., 9 I 108Z6
F%ecor~ding Request By:
"~~ '~' City of
Encini
527 Encinitas Boulevard ~r---"~.,,,~ ....
Encinitas, CA 92024 _~b~t.
When recorded, mail to:
SPACE ABOVE FOR RECORDER'S USE
~INTEN~CE
AG~NT
Assessor's Parcel Log. No.:
~ No. 264-020-06,07,08,~0 Project No. :T~
W.O. No.: qOSO
THIS AGREEMENT for the maintenance and repair of that
certain private road easement, the legal description and/or
plat of which is set forth in Exhibit A attached hereto and
made a part hereof, is entered into by BARRATT AMERICAN INCORPORATED
(hereinafter referred to as
"Developer") for the benefit of future subdivision lot owners
who will use the private road easement (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).
WHEREAS, this Agreement is required as a condition of
approval by the City of Encinitas of a 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,
BW/04/BC!-26wp 1(11-2-88-1)
being subdivided and developed as 58bts~4~), that will
use and enjoy the benefit of said road easement. A complete
legal description of said real property is attached, labeled
Exhibit B, and incorporated by reference. Said real property
is hereinafter referred to as the "property"; and
WHEREAS, it is the desire of the Developer that said
private road easement be maintained in a safe and usable
condition by the lot owners; and
WHEREAS, it is the desire of the Developer to establish a
method for the maintenance and repair of said private road
easement and for the apportionment of the expense of such
maintenance and repair among 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. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The property is benefited 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 the
land.
2. The cost and expense of maintaining the private road
easement shall be divided equally among the subdivided parcels
BW/04/BC1-26wp 2(11-2-88-1)
crea~ed in the division and paid by t ot owner of the
heirs, assigns and successors in interest of each such owner.
3. In the event any of the herein described parcels of
land 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
this Agreement shall be limited to the following unless the
consent for additional work is agreed to by a majority vote of
the lot owners owning 100% of the number of parcels, including
subdivisions thereof as described in Paragraph 3 above:
reasonable and normal road improvement and maintenance work to
adequately maintain said private road easement and related
drainage facilities to permit all-weather access. Repairs and
maintenance under this Agreement 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,
striping and lighting, if any, and other work reasonably
necessary and proper to repair and preserve the easement for
all-weather road purposes.
5. If there is a covenant, agreement, or other
obligation imposed as a condition of subdivision approval to
make private road improvements to the private road easement,
BW/04/BC1-26wp 3(11-2-88-1)
~he Obligation and maintain the Pi ate road easement
as herein set forth shall commence when the private road
improvements have been completed and approved by the City.
6. Any extraordinary repair required to correct damage
to said road easement that results from action taken or
contracted for by lot owners or their successors in interest
shall be paid for by the party taking action or party
contracting for work which caused the necessity for the
extraordinary repair. The repair shall be such as to restore
the road easement to the condition existing prior to said
damage.
7. It is agreed that Developer is initially the agent to
contract and oversee and do all acts necessary to accomplish
the repairs and maintenance required and/or authorized under
this Agreement. Developer further agrees that the agent may at
any time be replaced at the direction of a majority of the lot
owners. Repair and maintenance work on the private road
easement 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 licensed contractors and shall accept
the lowest 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 shall be added to and paid as a part of the repair and
maintenance costs; provided, however, that compensation for the
agent's services shall in no event exceed an amount equivalent
to 10% of the actual cost of repairs and maintenance performed.
BW/04/BC1-26wp 4(11-2-88-1)
tn performing hi~ the agent, as he .cipates the need
for 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 pro rata share
of costs and expenses as provided in this Agreement, then the
agent or any lot owner or owners shall be entitled without
further notice 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 a6tion in addition to the funds
advanced, interest thereon at the current prime rate of
interest, until paid, all costs and-disbursements of such
action, including such sum or sums as the Court may fix as and
for a reasonable attorney's fees.
9. Any liability of the lot owners for personal injury
to the agent hereunder, or to any worker employed to make
repairs or provide maintenance under this Agreement, or to
third persons, as well as any liability of the lot owners for
damage to the property of agent, or any such worker, or of any
third persons, as a result of or arising out of 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
BW/04/BCl-26wp 5(11-2-88-1)
~shaI1 be respol for and maintain insurance, if
any. By this Agreement, the Developer does not intend to
provide for the sharing of liability with respect to personal
injury or property damage other than that attributable to the
repairs and maintenance undertaken under this Agreement. Each
of the lot owners agrees to indemnify the others from any and
all liability for injury to himself or damage to his property
when such injury or damage results from, 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
indemnify and hold harmless City, City's engineer and its
consultants and each of its officials, directors, officers,
agents and employees from and against all liability, claims,
damages, losses, expenses, personal injury and other costs,
including costs of defense and attorney's fees, to the agent
hereunder or to any lot owner, any contractor, any
subcontractor, any user of the road easement, or to any other
third persons arising out of or in any way related to the use
of, repair or maintenance of, or the failure to repair or
maintain the private road easement.
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
BW/04/BC1-26wp 6(11-2-88-1)
each ' of its directors, office employees and
agents, shall have no responsibility or liability therefore. 79
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 of the signatories hereto that this
instrument be recorded to the end and intent that the
obligation hereby created shall be and constitute a covenant
running.with the land and any subsequent purchaser of all or
any portion thereof, by acceptance of delivery of a deed and/or
conveyance regardless of form, shall be deemed to have
consented to and become bound by these presents, including
without limitation, the right of any person entitled 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 Agreement
and to all other remedies at law or in equity.
14. The terms of this Agreement may be amended in writing
upon majority approval of the lot owners and consent of the
City.
BW/04/BC1-26wp 7(11-2-88-1)
15. This Agreement shall be governed by the laws of the
State of California. In the event that any of the provisions
of this Agreement 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 California Civil Code Section
1351(c) which will include membership in or ownership of an
"Association" as defined in California Civil Code Section
1351(a), anything in this Agreement to the contrary notwith-
standing, the following provisions shall apply at and during
such time as (i) the Property is encumbered by a "Declaration"
(as defined in California Civil Code Section 1351(h), and (ii)
the Common Area of the property (including the private road
easement) is managed and controlled by an Association:
(a) The Association, through its Board of Directors,
shall repair and maintain the private road easement 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 owner and his subdivision interest in the
Property pursuant to the Declaration. The assessments shall be
deposited in the Association's corporate account.
BW/04/BC1-26wp 8(11-2-88-1)
~ (b) The ~sions in the Declarati~ provide for
assessment liens in favor of the Association and enforcement
thereof shall supersede Paragraph 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) This Agreement shall not be interpreted in any manner
which reduces or limits the Association's rights and duties
pursuant to its Bylaws and the Declaration.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the
day of ~n~rV , 19qO .
Assessor's parcel No. 264-020-06~07~08,10
BAR~~CORPORATED
~e°nS le. oPr~ VEic eTr;rC eYs id en t~ '
Developer
STA~ SS
cou.sD OF
BW/04/BCl-26wp 9(11-2-88-1)
On this day of in the year 19 before me, the
u~n~rsigned, ~ Public in and for sai~rsonally
appeared _ _ ~ ~/ ,
personally kno.w? to rna ~~ me on the basis of
satisfactory e vi. den ce) to be/~'~pe~hose name is subscribed to
the within instrument an~cknowledged to~ that executed
it o "/
&
WITNESS my hand and official seal
Notary Public in and for said State (This area for official seal)
BW/04/BCl-26wp 10(11-2-88-1)
~1~1 & I 1-27-7~ B~ ~7~ ~. ~ .~
B~T~l L'A' OFF-OITE
EXHIBIT A
N~m~
~ F~"/~O]w'°' .0~ ]Sh.~ 1 o~ 1
G.R.R.
--- ~ ~s~]~T~S Ch~ck~d ~y ~.LY. Own.r BARRATT AMERICAN INC.
550 we~l Visla Way Job Descriplio~
~o~ ~o~,,~,~ ~o EASEMENT PLAT
W.O. 6-8012
LEGAL DESCRIPTION
EXHIBIT "B"
THE STRIPS OF LAND AS DESCRIBED HEREIN ARE A PORTION OF PARCELS 1, 2, 3, & 4 OF
PARCEL MAP NO. 9156 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED SEPTEMBER 20, 1979 IN BOOK OF PARCEL MAPS AT PAGE 9156, FILE
NO. 79-394359 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID STRIPS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 40.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 9156;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 3, NORTH 00°19'37'' WEST (NORTH
00°19'13" WEST RECORD PER MAP 9156), 7.86 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 59°03'46'' EAST, 316.64 FEET TO THE BEGINNING OF A TANGENT 1200.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 27°42'21", A DISTANCE OF 580.27 FEET TO THE
BEGINNING OF A REVERSING 120.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
31°59'06", A DISTANCE OF 669.89 FEET TO THE BEGINNING OF A REVERSING 300.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
REVERSE CURVE THROUGH A CENTRAL ANGLE OF 44°02'45" A DISTANCE OF 230.62 FEET TO
THE BEGINNING OF A REVERSING 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 56°34'57'', A DISTANCE OF 296.27 FEET TO A POINT HEREINAFTER KNOWN A POINT "A";
THENCE CONTINUING EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 54°51'33", A DISTANCE OF 287.24 FEET; THENCE SOUTH 49°15'44'' EAST,
234.00 FEET TO A POINT HEREINAFTER KNOWN AS POINT "B"; THENCE CONTINUING SOUTH
49°15'44'' EAST, 112.00 FEET TO THE BEGINNING OF A TANGENT 1200.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 22°10'30'', A DISTANCE 464.43 FEET TO THE BEGINNING
OF A REVERSING 300.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTH-
EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
73°19'30'', A DISTANCE OF 383.93 FEET; THENCE SOUTH 01°53'16'' WEST, 219.79 FEET
TO A POINT HEREINAFTER KNOWN AS POINT "C"; THENCE CONTINUING SOUTH 01°53'16''
WEST, 152.16 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 05°43'35", A DISTANCE OF 199.88 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE
OF PARCEL 4 OF SAID P.M. 9156; DISTANT THEREON SOUTH 89°35'44'' WEST (SOUTH
89°36'01'' WEST RECORD PER P.M. 9156), 20.03 FEET FROM THE SOUTHEAST CORNER OF
SAID PARCEL 4.
THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE EXTENDED OR SHORTENED TO INTERSECT
THE WESTERLY AND SOUTHERLY LINE OF SAID PARCEL 3 AND THE SOUTHERLY LINE OF SAID
PARCEL 3 AND THE SOUTHERLY & EASTERLY LINE OF SAID PARCEL 4 OF SAID P.M. 9156.
PARCEL 2:
A STRIP OF LAND 40.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "A", SAID POINT BEING ON THE ARC OF A
500.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 86°48'27'' WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 09°28'47", A DISTANCE OF 82.73 FEET; THENCE NORTH 06°17'14''
EAST, 390.76 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 30°16'45'', A DISTANCE OF 264.24 FEET TO A POINT HEREINAFTER KNOWN AS
PAGE 2
w.o. 6-8012 85
LEGAL DESCRIPTION
EXHIBIT "A"
CURVE THROUGH A CENTRAL ANGLE OF 33°28'13", A DISTANCE OF 292.08 FEET; THENCE
NORTH 57°27'44'' WEST, 224.86 FEET TO THE RADIUS POINT OF A 48.00 FOOT CURVE
CONCAVE SOUTHEASTERLY, SAID POINT HEREINAFTER KNOWN AS POINT "E".
TOGETHER WITH THAT PORTION OF SAID P.M. 9156 INCLUDED WITHIN THE CIRCUMFERENCE
OF SAID CIRCLE HAVING A RADIUS OF 48.00 FEET WHICH THE AFOREMENTIONED POINT "E"
IS THE RADIUS POINT.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING NORTHERLY OF A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
AFOREMENTIONED CURVE HAVING A RADIUS OF 48.00 FEET AND THE WESTERLY SIDELINE OF
SAID PARCEL 2.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING WESTERLY OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
AFOREMENTIONED CURVE HAVING A RADIUS OF 48.00 FEET AND THE EASTERLY SIDELINE OF
SAID PARCEL 2.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING SOUTHEASTERLY OF A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
WESTERLY SIDELINE OF SAID PARCEL 2 AND THE NORTHERLY SIDELINE OF SAID PARCEL 1.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING SOUTHWESTERLY OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
EASTERLY SIDELINE OF SAID PARCEL 2 AND THE NORTHERLY SIDELINE OF SAID PARCEL 1.
PARCEL 3:
A STRIP OF LAND 40.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "B", THENCE NORTH 43°23'00" EAST, 302.02
FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTER-
LY; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 52°00'00", A DISTANCE OF 453.79 FEET, THENCE NORTH 08°37'00"
WEST, 401.19 FEET TO A POINT HEREINAFTER KNOWN AS POINT "F"; THENCE CONTINUING
NORTH 08037'00'' WEST, 69.52 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS
CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 89°46'00`', A DISTANCE OF 62.67 FEET; THENCE
SOUTH 81°37'00" WEST, 256.28 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 17°53'14", A DISTANCE OF 280.97 FEET; THENCE SOUTH
63°43'46'' WEST, 159.78 FEET TO THE AFOREMENTIONED POINT "D".
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING SOUTHERLY OF A CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
NORTHWESTERLY SIDELINE OF SAID PARCEL 3 AND THE NORTHEASTERLY SIDELINE OF SAID
PARCEL 1.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING WESTERLY OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
SOUTHEASTERLY SIDELINE OF SAID PARCEL 3 AND THE NORTHEASTERLY SIDELINE OF SAID
PARCEL 1.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING SOUTHWESTERLY OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
NORTHERLY SIDELINE OF SAID PARCEL 3 AND THE NORTHEASTERLY SIDELINE OF SAID PARCEL
2.
'PAGE 3
W.O. 6-8012
LEGAL DESCRIPTION
EXHIBIT "A"
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING NORTHWESTERLY OF A
SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
SOUTHERLY SIDELINE OF SAID PARCEL 3 AND THE EASTERLY SIDELINE OF SAID PARCEL 2.
TOGETHER WITH THAT PORTION OF P.M. 9156 DESCRIBED AS FOLLOWS: BEGINNING AT THE
AFOREMENTIONED POINT "F", THENCE NORTH 81°23'00'' EAST, 20.00 FEET TO THE
BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48'11'23", 33.64 FEET TO
THE BEGINNING OF A REVERSING 80.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 186°08'46'', 259.91 FEET TO THE BEGINNING OF A
REVERSING 40.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23'',
33.64 FEET; THENCE SOUTH 08°23'00'' EAST, 20.00 TO THE CENTERLINE OF SAID PARCEL
3.
EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN THE AFOREMENTIONED PARCEL 3.
PARCEL 4:
A STRIP OF LAND 40.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "C"; THENCE NORTH 88°06'44'' WEST, 197.00
FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 19°32'14",
A DISTANCE OF 306.89 FEET TO THE BEGINNING OF A REVERSING 900.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 24°05'15", A DISTANCE OF 378.37 FEET TO THE RADIUS POINT OF A
48.00 FOOT CURVE CONCAVE EASTERLY, SAID POINT HEREINAFTER KNOWN A POINT "G".
TOGETHER WITH THAT PORTION OF SAID P.M. 9156 INCLUDED WITHIN THE CIRCUMFERENCE
OF SAID CIRCLE HAVING A RADIUS OF 48.00 FEET WHICH THE AFOREMENTIONED POINT "G"
IS THE RADIUS POINT.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING SOUTHWESTERLY OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
AFOREMENTIONED CURVE HAVING A RADIUS OF 48.00 FEET AND THE NORTHERLY SIDELINE
OF SAID PARCEL 4.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING NORTHWESTERLY OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
AFOREMENTIONED CURVE HAVING A RADIUS OF 48.00 FEET AND THE SOUTHERLY SIDELINE
OF SAID PARCEL 4.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING SOUTHEASTERLY OF A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
WESTERLY SIDELINE OF SAID PARCEL 1 AND THE NORTHERLY SIDELINE OF SAID PARCEL 4.
TOGETHER WITH THAT PORTION OF P.M. 9156 LYING NORTHEASTERLY OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET, WHICH CURVE IS TANGENT TO BOTH THE
WESTERLY SIDELINE OF SAID PARCEL 1 AND THE SOUTHERLY SIDELINE OF SAID PARCEL 4.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
LEGALS\6-8012.3
February 9, 1990
W.O. 6-8012
LEGAL DESCRIPTION
EXHIBIT "B" OFF-SITE
THE 60 FOOT WIDE STRIP OF LAND DESCRIBED HEREIN IS A PORTION OF
PARCEL 2 OF PARCEL MAP NO. 3765, RECORDED MAY 8, 1975 IN BOOK OF
PARCEL MAPS AT PAGE 3765, FILE NO. 75-111073, ALSO A PORTION OF
PARCEL 1 OF PARCEL MAP NO. 6585, RECORDED NOVEMBER 23, 1977 IN BOOK
OF PARCEL MAPS AT PAGE 6585, FILE NO. 77-485875, AND A PORTION OF
PARCELS 1 AND 2 OF PARCEL MAP NO. 7656, RECORDED AUGUST 3, 1978 IN
BOOK OF PARCEL MAPS AT PAGE 7656, FILE NO. 78-329197, ALL RECORDED
IN THE COUNTY RECORDERS OFFICE OF SAN DIEGO COUNTY, CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 OF PARCEL MAP NO.
9156 RECORDED SEPTEMBER 20, 1979 IN BOOK OF PARCEL MAPS AT PAGE
9156, FILE NO. 79-394359 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 3 NORTH
02'49'28" WEST (NORTH 00'19'13" WEST PER P.M. 9156), 15.00 FEET TO
THE POINT OF BEGINNING, SAID POINT BEING ON THE ARC OF A NON-
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 200.00 FEET; A
RADIAL LINE TO SAID POINT BEARS SOUTH 35°35'00" EAST; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
58'55'00", A DISTANCE OF 205.66 FEET; THENCE NORTH 66°40'00'' WEST,
202.00 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 51'49'52", A DISTANCE OF 361.85 FEET,
THENCE NON-TANGENT TO SAID CURVE SOUTH 86'00'40" WEST, 247.44 FEET
MORE OR LESS TO THE CENTERLINE OF LONE JACK ROAD AS DESCRIBED IN
DOCUMENT NO. 103227, RECORDED MAY 1, 1975, BOOK 1975 OF OFFICIAL
RECORDS, SAID POINT BEING A POINT OF TERMINUS.
THE SIDELINES OF SAID 60 FOOT STRIP TO BE EXTENDED OR SHORTENED TO
INTERSECT THE WESTERLY AND SOUTHERLY LINE OF SAID PARCEL 3 AND THE
EASTERLY SIDELINE OF SAID LONG JACK ROAD.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
LEGALS/6-8012.4
/.IF'