1994-468399 Recording Requested By: )
City of Encinitas )
~en Recorded, Mail To: ) ~ ~F: i.00
City Clerk ) ~ ·
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER,S USE
PRIVATE ROAD ~D D~INAGE FACILITIES
~I~EN~CE A~REEMENT FOR TM 88-038
Assessor,s Parcel Project No.
No. 264-150-15
W.O. No. :3035G
~ ~-~ THIS AGREEMENT for the maintenance and repair of that certain
private road easement, the legal description and/or plat 9f which
is set forth in Exhibits'A and B attached hereto and those private
drainage facilities, the legal description and/or plat of which is
set forth in Exhibits C, D, E, F, G, & H attached hereto and made
a part hereof, is entered into by Ba~ood Builders Inc., a
California Corporation (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,
RM/hz/BC4-125wp51 (06-29-94)
6 6 4
WHEREAS, Developer is the owner of certain real property being
subdivided and developed as 14 lots that will use and enjoy the
benefit of said road easement. A complete legal description of
said real property is attached, labeled Exhibit "I", 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 and drainage facilities 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 p lvate road easement
r'
and drainage facilities and for the apportionment of the expense of
such alntenance and repair among existing and future lot owners;
m '
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 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 the land.
2. The cost and expense of maintaining the private road
easement and drainage facilities shall be divided equally among the
RM/hz/BC4-12§wp51 (06-29-94)
665
subdivided parcels created in the subdivision and paid by the lot
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. All concrete ditches, pipes and
boxes shall be checked and cleared of any dirt/debris a minimum of
once yearly on or about October 1st.
RM/hz/BC4-124Wl~51 (03-09-94)
5. If there is a Covenant, agreement, or other blzgatzon
imposed as a condition of subdivision approval to make private road
improvements to the private road easement, the obligation to repair
and maintain the private 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 or drainage facility 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 or drainage facility 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 and
drainage facilities 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
RM/hz/BC4-124wp51 (03-09-94)
667
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. In performing his duties,
the agent, as he anticipates 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. Yearly cleaning of ditches and pipes can be
included in Landscape Maintenance Contracts if appropriate.
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 action 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
RM/hz/BC4-124wp51 (03-09-94)
668
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 shall be responsible for and maintain
his own 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.
Physical access to maintain drainage facilities will not be
unreasonably denied. No fencing will be allowed to encroach within
a drainage easement.
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.
RM/hz/BC4-124wp51 (03-09-94)
669
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, i '
nspectlon
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.
ll. 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.
RM/hz/BC4-124wp51 (03-09-94)
670
14. The terms of this Agreement may be amended in writing
upon majority approval of the lot owners and consent of the City.
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 notwithstanding, 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
RM/hz/BC4-124wp51 (03-09-94)
671
Declaration. The assessments shall be deposited in the
Association,s corporate account.
(b) The provisions in the Declaration which 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 ~-~k day of ~-~:.= , 19~.
Developer:
Marlene Allen, Vice-President~
Signature of DEVELOPER must ~e notar±~ed. Attac~
the appropriate acknowledgement.
RbI/hz/BC4-124wp51 (03-09-94)
CALIFORNIA ALL-PURPOSE ' '~KNOWLEDGMENT
State of. California } _ . _ No. 5193
~ OPTIONAL SECTION
County of_San Dieqo 6 ~7 ~ CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
. fill in the data below, doing so may prove
On_ 6/3/9a before me, Janet Luz, Notary Public invaluable to persorts relying on the doc~ment.
DATE
NAME, TITLE OF OFFICER- E.G,, "JANE DOE, NOTARY PUBLIC" [] INDIVIDUAL
personally appeared THOMAs j. ALLEN & MARLENE A. ALLEN [~CORPORATEOFFiCER(S)
NAMe(S) OF S~NER(S) ' ..~ e s i d
TITLE(S) ~r~idEnt
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence [] PARTNER(S) [] LIMITED
to be the person(s) whose name(s) is/are [] GENERAL
subscribed to the within instrument and ac- [] ATTORNEY-IN-FACT
knowledged to me that he/she/they executed [] TRUSTEE(S)
the same in his/her/their authorized []GUARDIAN/CONSERVATOR
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), [] OTHER: __
or the entity upon behalf of which the -
person(s) acted, executed the instrument.
!~ SIGNER IS REPRESENTING:
WI y hand and official seal. NAME OF PERSON(S) OR ENTITY(lES)
THIS CERTIFICATE MUST BE ATTACHED TO //! ~ ~PTIONA/SECTIO~
TH._.~.E DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES 18
Though the data reques ed here is not requ red by law, -- DATE OF DOCUMENT 6 / 3 / 9
it Could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE -. None
¢1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave,, P,O. Box 7184 · Canoga Park, CA 91309-7184
·
~ot 15 rd main greement
673
EXHIBIT "A"
A PORTION OF THAT LAND DESCRIBED IN A GRANT DEED TO BAYWOOD
BUILDERS, A CALIFORNIA CORPORATION, RECORDE
u~ u~U~AL RECORDS, LYING WITHIN LOT 18
OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27,
1898, WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF
AND "13TH" STREET . THE CENTERLINES OF "C" S
....... ACCORDING TO MAP TH ~ ...... TREET
u=~c~ OF THE COUNTy D~ ...... E~u~ Nu. 326 FILED
CALIFORNIA; THENCE SOUTH 14 45'59" WEST ALONG THE SOUTHERLY
PROLONGATION OF SAID CENTERLINE OF "C" STREET 30
POINT WHICH LIES IN THE ~mT,~ ............ .04 FEET TO A
~n~x ~±~L±NE OF SAID "13TH" STREET
AS ESTABLISHED BY VACATION BY ACTION OF THE ENCINITAS CITY COUN-
CIL PER RESOLUTION NO. 88-82 RECORDED FEBRUARY 17, 1989 AS DOCU-
MENT NO. 89-084894 OF OFFICIAL RECORDS; THENCE SOUTH 72~ 16'54"
EAST ALONG SAID SOUTHERLY SIDELINE 40.05 FEET TO THE INTERSECTION
OF SAID SIDELINE WITH THE EASTERLY SIDELINE OF SAID "C" STREET;
THENCE NORTH 14" 45'59" EAST ALONG SAID EASTERLY SIDELINE 31.77
FEET TO THE INTERSECTION OF SAID SIDELINE WITH THE WESTERLY
TERMINUS OF A 410.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, HAVING
A RADIAL BEARING OF NORTH ~ 01'08" WEST, BEING THE TRUE POINT OF
BEGINNING ; THENCE CONTINUING ALONG SAID EASTERLY SIDELINE OF "C"
STREET NORTH 14° 45'59" EAST 41.75 FEET TO THE INTERSECTION OF
SAID SIDELINE WITH THE WESTERLY TERMINUs OF A 370.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY, HAVING A RADIAL BEARING OF NORTH 2°
46'41" WEST; THENCE DEPARTING SAID SIDELINE EASTERLy ALONG THE
ARC OF SAID 370.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF
33° 17'19", A DISTANCE OF 214.97 FEET; THENCE NORTH 53~ 56'00" EAST
232.00 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 54~00'00,, A DISTANCE OF 207.35
FEET TO THE BEGINNING OF A REVERSE TANGENT 130.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
....... ~UD~ A CENTRAL ANGLE OF 12~ 59'34" A DISTANCE OF 29.48
........ ~ ~u~ 20.00 FOOT RADIUS
674
EXHIBIT "B"
675
LEGAb DESCRIPTION FOR PRIVATE DRAINAGE ESMT LOTS 1,4,12,13,14 & A
PORTION OF BAYWOOD VISTA COURT
EXHIBIT "C"
A PORTION OF THAT L~ND DESCRIBED IN A GRANT DEED TO BAYWOOD
BUILDERS, A CALIFORNIA CORPORATION, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 3, 1986 AS
DOCUMENT NO. 86-384687 OF OFFICIAL RECORDS, LYING WITHIN LOT 18
OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848 FILED IN
THE OFFICE OF SAID COUNTY RECORDER ON JUNE 27, 1898, CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF THAT LAND DESCRIBED IN
SAID GRANT DEED, SAID CORNER ALSO BEING AN ANGLE POINT IN THE
NORTHERLY BOUNDARY LINE OF LOT 8 ACCORDING TO MAP THEREOF NO.
11532 FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JUNE 11,
1986 AS FILE NO. 86-234528, CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA; THENCE WESTERLY, ALONG THE NORTHERLY
BOUNDARY LINE OF SAID MAp SOUTH 70° 35'27" WEST 1053.80 FEET TO
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID BOUNDARY LINE
NORTH 19° 24'33" WEST 5.00 FEET; THENCE EASTERLY, PARALLEL WITH
SAID NORTHERLY LINE, NORTH 709 35'27" EAST 400.77 FEET; THENCE
NORTH 32° 33'58" WEST 191.71 FEET; THENCE NORTH 31° 08'53" WEST
40.15 FEET; THENCE NORTH 26'03'12" WEST 41.77 FEET; THENCE NORTH
63° 56'48" EAST 5.00 FEET; THENCE NORTH 26* 03'12" WEST 137.33
FEET; THENCE NORTH 18° 32'51" WEST 220.79 FEET; THENCE NORTH 47°
25'18" WEST 15.00 FEET; THENCE NORTH 75° 14'01" WEST 56.00 FEET TO
THE EASTERLY SIDELINE OF "C" STREET ACCORDING TO MAP THEREOF NO.
326, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JULY 8, 1885,
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
THENCE NORTHERLY, ALONG SAID EASTERLY SIDELINE, NORTH 14° 45'59"
EAST 5.00 FEET TO A POINT WHICH BEARS SOUTH 14° 45'59" WEST 102.50
FEET FROM THE MOST WESTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO.
14489 FILED IN THE OFFICE OF SAID COUNTY RECORDER ON SEPTEMBER
30, 1986 AS FILE NO. 86-434683, CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA; THENCE DEPARTING SAID SIDELINE, SOUTH
75° 14'01'' EAST 67.37 FEET; THENCE SOUTH 18° 32''51" EAST 231.53
FEET; THENCE SOUTH 26° 03'12" EAST 177.00 FEET; THENCE SOUTH 30°
57'17" EAST 40.16 FEET; THENCE SOUTH 32"33'58" EAST 50.31 FEET;
THENCE SOUTH 57° 26'02" WEST 5.00 FEET; THENCE SOUTH 32° 33'58"
EAST 118.32 FEET; THENCE NORTH 57°26,02', EAST 10.00 FEET; THENCE
SOUTH 32° 33'58" EAST 22.07 FEET TO A POINT WHICH LIES NORTHERLY
OF, MEASURED AT RIGHT ANGLE THERETO, SAID NORTHERLY BOUNDARY LINE
OF MAP NO. 11532; THENCE NORTH 70° 35'27" EAST, PARALLEL WITH SAID
NORTHERLY BOUNDARy LINE, 69.90 FEET; THENCE SOUTH 14° 04'45" EAST
10.04 FEET TO SAID NORTHERLY LINE; THENCE SOUTH 70° 35'27" WEST,
ALONG SAID LINE, 483.98 FEET TO THE TRUE POINT OF BEGINNING.
ALL SHOWN FOR CLARITY ON EXHIBIT "D" ATTACHED HERETO, T E
A PART HEREOF BY THIS REFERENCE. ~
i (~ L.S. 5871
.~'~,~/ --" ' Exp.~
EXHIBIT "D"
LOT 9 DRAIHAS 6 7 7
EXHIBIT "E"
A PORTION OF THAT LAND DESCRIBED IN A GRANT DEED TO BAYWOOD
BUILDERS, A CALIFORNIA CORPORATION, RECORDED IN T}{E OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTy ON SEPTEMBER 3, 1986 AS
DOCUMENT NO. 86-384687 OF OFFICIAL RECORDS, LYING WITHIN LOT 18
OF RANCHo LAS ENCINITAS ACCORDING TO MAp THEREOF NO. 848 FILED IN
THE OFFICE OF SAID COUNTy RECORDER ON JUNE 27, 1898, CITy OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLows:
BEGINNING AT T}{E MOST EASTERLy CORNER OF THAT LAND DESCRIBED IN
SAID GRANT DEED, SAID CORNER ALSo BEING AN ANGLE POINT IN THE
NORTHERLY BOUNDARY LINE OF LOT 8 ACCORDING TO MAp THEREOF NO.
11532 FILED IN THE OFFICE OF SAID COUNTy RECORDER ON JUNE 11,
1986 AS FILE NO. 86-234528, CITY OF ENCINITAS, COUNTy OF SAN
DIEGO, STATE OF CALIFORNIA; THENCE WESTERLY, ALONG THE NORTHERLy
BOUNDARY LINE OF SAID MAp, SOUTH 70" 35'27" WEST 156.88 FEET TO
THE TRUE POINT OF BEGINNING; THENCE, DEPARTING SAID NORTHERLy
BOUNDARY LINE, NORTH 74" 53'38" WEST 209.57 FEET;
THENCE NORTH 82"
53'14" WEST 40.00 FEET TO A POINT WHICH LIES IN THE ARC OF A
45.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, HAVING A RADIAL BEAR-
ING OF SOUTH 82° 53'14" EAST; THENCE NORTHERLy ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 8"
· 56'57" A DISTANCE OF
7 03 FEET; T~{ENCE SOUTH 82°53,14,, EAST 41.03 FEET; THENCE SOUTH
74~ 53'38" EAST 220.24 FEET TO SAID NORTHERLY BOUNDARy LINE;
THENCE ALONG SAID LINE SOUTH 70" 35'27" WEST 12.35 FEET TO THE
TRUE POINT OF BEGINNING.
ALL SHOWN FOR CLARITy ON EXHIBIT "F" ATTACHED HERETO, THEREBY
MADE A PART HEREOF BY THIS REFERENCE.
678
EXHIBIT "F"
PRIVATE DRAI~ MT. FOR 8 OVER 9 6'?9
EXHIBIT "G"
A PORTION OF THAT LAND DESCRIBED IN A GRANT DEED TO BAYWOOD
BUILDERS, A CALIFORNIA CORPORATION, RECORDED IN T~E OFFICE OF THE
COUNTy RECORDER OF SAN DIEGo CO
DOCUMENT NO. 8 UNTY ON S
OF RANCWo T~ ~-384687 OF OFFICIAL REC~n~ E~EMBER 3, 1986 AS
~v ~ ~NCINITAS ACCO n~,~ ~ jj/~_~'_ LYING WITHIN LOT 18
R~.,u xu ,uaF T~EREOF NO. 848 FILED
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGo COUNTY ON JUNE 27,
1898, WITHIN THE CITY OF ENCINITAs C IN
CALIFORNIA, BEING A S~ ...... , - OUNTY OF SAN DI
WESTERLY OF ANn ~^~-~ ~ LAND 5 FEET IN ' ...... ~O, STATE OF
~ ~N±NG THE FOLLOWING DESORi~DO'~IN~ING SOUTH-
BEGINNING AT THE MOST EASTERLY CORNER OF SAID DEEDED LAND; THENCE
NORTH 62~19,38,, WEST 357.85 FEET TO THE POINT OF TERMINUS.
THE SOUTHWESTERLy SIDELINE OF SAID STRIP IS TO TERMINATE SOUTHER-
LY AT A POINT WHICH LIES IN THE SOUTHERLY BOUNDARy LINE OF SAID
DEEDED LAND WHICH BEARs SOUTH 70~35,27,, WEST FROM THE MOST EAST-
ERLY CORNER OF SAID DEEDED LAND.
THE NORTHERLy SIDELINE OF SAID STRIP IS TO TERMINATE NORTHERLy AT
A POINT WHICH BEARs SOUTH 35o 18'57" WEST FROM THE NORTHERLY
TERMINUS OF SAID DESCRIBED LINE.
680
EXHIBIT "H"
ATTACHMENT mmIm~ TO
RO EeT
PROPERTY DESCRIPTION
ALL THAT PORTION OF LOT 18 OF P~CHO I~ ENCINITAS, ACCORDING TO MAp THEREOF
NO. 848, FILED IN THE OFFICE OF THE COUNTy RECORDER OF SAN DIEGO COUNTy, JUNE
27, 1898, A/gD ALL THOSE PORTIONS OF LOTS 81 ~ 81-A OF THE COLOHY OLIVENq{AIN,
ACCORDING TO MAp THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTy RECORDER OF
SAN DIEGO COUNTy, Jl3Ly 8, 1885, TOGETHER WITH THOSE PORTIONS OF "A" STREET, "B"
STREET, "C" STREET A2gD 13TH STREET, ACCORDING TO MAp THEREOF NO. 326, ALL BEING
IN THE CITy OF ENCINITAs, COUNTy OF SAN DIEGO, STATE OF CALIFOR/?IA, DESCRIBED
AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, AS SHOWN ON
SAID MAP NO. 326, AND THE CENTER LINE OF SAID "C" STREET; THENCE ALONG SAID
CENTER LINE OF SAID "C" STREET, NORTH 14" 29' 00" EAST 1,560.00 FEET TO A POINT
ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 86-B OF SAID COLONY
OLIVENHAIN, BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID
~ASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 86-B, A D/STANCE OF 33.00
FEET; THENCE SOUTH 62° 34' 00" EAST, 1,050.60 FEET; THENCE SOUTHWESTERLy IN A
STRAIGHT LINE TO THE INTERSECTION OF THE CENTER LINE OF SAID "B" STREET, WITH
THE CENTER LINE OF THE COUNTy ROAD, AS DESCRIBED IN DEED TO THE COUNTy OF SAN
DIEGO RECORDED OCTOBER 29, 1930 IN BOOK 1817, PAGE 328 OF DEEDS; THENCE
NORTHWESTERLy ALONG SAID CENTER LINE TO THE CENTER LINE OF SAID 13TH STREET;
THENCE EASTERLy ALONG SAID CENTER LINE OF 13TH STREET TO SAID CENTER LINE OF
"C" STREET; THENCE ALONG SAID CENTER LINE OF "C" STREET, NORTH 14o 29' 00" E~T
TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTy, ALL THAT PORTION LYING WESTERLy OF
SAID CENTER LINE OF SAID "C" STREET.
THAT PORTION OF "C" STREET LYING SOUTHERLy OF A LINE THAT IS 30.00 FEET
SOUTHERLy AND PARALLEL WITH THE CENTER LINE OF 13TH STREET AND THE PROLONGATION
THEREOF WAS VACATED BY RESOLUTION NO. 88-82 OF THE CITy OF ENCINITAs RECORDED
FEBRUARy 17, 1989 AS DOCUMENT NO. 84894 OF OFFICIAL RECORDS.
Exp.