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1998-338270 ., . DOC 411998-0338270 652 JUN 05. 1998 12:21 PM Recording Requested by: ) OFFICIAl RECORDS ) SAN DIEGO COUNTY RECORDER'S OFFICE CITY OF ENCINITAS ) GREGORV J. SMITH, COUNTY RECORDER ) FEES: 62.00 When Recorded Mail to: ) ) ~:~ ~:~~Cllritas ~ IIIIIIIII'IIIIII'~'IIIIIIII 1 505.S: Vulcan Avenue) 1888-0338270 / Encillltas, CA 92024 ) ¡ '~ ) SPACE ABOVE FOR RECORDER'S USE '~~ ' 1% PRIV Am ROAD AND DRAINAGE> A=mES /Ilq ¿ MAINTENANCE AGREEMENT (\ . io'ì'W ¡'<" FOR TM 92-108 Assessor's Parcel Project No.: TM 92-108 No. 264-102-01 W.O. No: TillS AGREEMENT for the maintenance and repair of that certain private road easement, the legal description and/or plat of which is set forth in Exhibits A attached hereto and those private drainage facilities, the legal description and/or plat of which is set forth in Exhibits B attached hereto and made a part hereof, is entered into by; THE ROBERT H. BUCHANNAN FAMILY LTD. PAR1NERSHIP, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST; MINKS PROPERTIES, A CALIFORNIA LID. PAR1NERSIllP, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST; JEAN S. HOLT, FORMERLY JEAN H. SUMAN, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST (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; COV4173 I SCANNED . 653 . and, WHEREAS, Developer is the owner of certain real property being subdivided and developed as Encinitas TM 92-108that will use and enjoy the benefit of said road easement. A complete legal description of said real property is attached, labeled Exhibit ~ 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 private road easement and drainage facilities 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 benefitted by this Agreement, and present and successive lot owners of all or any portion of the property are cov4173 2 . 654 . 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 subdivided parcels created in the subdivision and paid by the lot owner of the heirs, assigns and successors in interest or 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 yote 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 drainage facilities to permit all-weather access and conveyance of storm flows. 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 cov4173 3 . 655 . 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 coyenant, agreement, or other obligation imposed as a condition of subdivision approval to make private road improvements to the priyate road easement, the obligation to repair and maintain the priyate 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 cov4173 4 . 656 . 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 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. 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 coy4173 5 . 657 . 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 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, 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 cov4173 6 . 658 . 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 or drainage facilities. 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 acknowledgement 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 of the signatories hereto that this instrument be recorded to the end and intent that the obligation cov4173 7 . 659 . 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 conyeyance 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. 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 Deyelopment" as defined in California Civil Code Section l351(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 Ciyil cov4173 8 . 660 . 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 drainage facilities 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 subdiYision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which proYide 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 haye 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 Declaration, cov4173 9 . 661 . 17. The "Declaration of Covenants, Conditions, Restrictions and Reservations of Easements for Wildflower Estates - a planned residential development", provides for the annexation of the land described in Exhibit C of this agreement, being the land covered by TM 92-108. In the event said land is annexed to the Wildflower Estates Development, it is the intention of the parties hereto that the provision for Private Road and Drainage Maintenance provided for in this agreement wilI be superceded by the requirements in the CC&R's for Wildflower Estates. coy4173 10 . 662 . IN WITNESS WHEREOF, the parties have executed tills Agreement on the 3 () dayof!h(ÝI¿ . 19~ DEVELOPER: THE ROBERT H. BUCHANAN FAMILY LIMITED PARTNERSHIP, AS OWNER A CALIFORNIA LIMITED PARTNERSHIP BY: R"'.P-Ø"r¿ (3 Ih .duo- ~ rJJu-~'.... REBECCAH B. MILLER, by Merle E. Minks, attorney-in-fact GENERAL PARTNER BY: /ha-. 1A..~..,d.~ t3 ¡J In.... {þ,.J2At. fJlh-v-.t.'--- MARGRIETHA B. NES, by Merle E. Minks, attorneY-in-fact GENERAL PARTNER MINKS PROPERTIES, A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER BY: 9h~ p JJz-.i-..... MERLE E. MINKS, as Trustee of the Minks Family Trust Established May 18,1987, IT'S GENERAL PARTNER BY: :lJ? ~ ~ '71(~ MARY ROOKS MINKS, as Trustee of the Minks Family Trust Established May 18, 1987, IT'S GENERAL PARTNER JEAN S. HOLT, FORMERLY JEAN H. SUMAN, AS OWNER BY: ~ RA.L ~ 9h 1d. f'~ ~-- AN S. HOLT, fonnerly Jean H. Suman, by Merle E. Minks, AttorneY-in-fact, Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgment. /' cov4173 11 . - 663 . CALIFORNIA ALL.PURPOS CKNOWLEDGMENT No. 5907 State of C'!.P<L1 fo't}: J k County of S ð1J I ff.;, 0 On E -~D ---Q'h before me, Li:5U~Pr ,C!:l)nt/2.Au.. UrJrAtJl PutjU{..- DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUSLIC" personally appeared RfØ£fCM 8.ML~ i3y Þ/f.k.L£ £. J.A./AJt~, Am IJ,..)~ ' NAME(S) OF SIGNER(S) .. 0 personally known to me - OR . ~roved to me on the basis of satisfactory evidence to be the person~ whose name{$.) is/afe" subscribed to the within instrument and ac' knowledged to me that he/sh9/tlgey executed the same in his / h.eJ:t#tefr authorized I~------------' capacity(Jesi, and that by his/Mr/tt1eil . ~ """ ^ """... í signature(a:j on the instrument the person(er. :( ! .TJt:.t'; COMM.#l056569 f ~ ¡of'.- ..: Notary Public- CaRfomia or the entity upon behalf of which the '.~ 4, SAN OIEGO COUNlY - ~_:1~com':';3EXP'e~~R ~':W 1 person.(st acted, executed the instrument. my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove vaiuabie to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER -p~ ~/JJM:£ fÃC'UT1~ TITLE OR TYPE OF DOCUMENT TlTLE(S) 0 PARTNER(S) 0 LIMITED (OO/2:r€if/ 0 GENERAL ~TTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) 0 GUARDIAN/CONSERVATOR g - ~ð/Cìß 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: ~1o~. NAME OF PERSON(S) OR ENTlTY(IES) flb:3 €..Œc Mt- fJ. M I LL~ SIGNER(S) OTHER THAN NAMED ABOVE 101993 NATIONAL NOTARY ASSOCIATION. S236 Remme' Ave.. P.O. Sox 71S4' Canoga Park, CA S130S-71S4 .- 664 . CALIFORNIA ALL.PURPOS CKNOWLEDGMENT No.5"" State of CALI(oW/~ County of .~MJ hi fbc") On 3-~o-q ~ before me, c£'5UC/t ,C¡;~.JJ()7T'æJ{POfjUL-, DATE NAME, TITLE OF OFFICER. E.G., 'JANE DOE. NOTARY PUBLIC' personally appeared /vi ~e.Jf11iÆ- ~. úDuÚ), ß.J M~ J4¡JJtl" krtY ¡J.J ~ NAME(S) OF SIGNER(S) .' 0 personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person~ whose narne~) is/«fe subscribed to the within instrument and ac- knowledged to me that he/shg/they executed the same in his/b.&r/their authorized j~ ~ - q ~ q ~ - ~ - ~f capacity~), and that by his/~ . ~ ",.. ""'"" signatur$f on the instrument the person(s}-. ;¡ t.,..,.'~ '; COMM.#l056569 f or the entity upon behalf of which the ~ ; ~~:J ..; Notary Public - CaUfomia - .- " SAN DIEGO COUNTY persontst acted, executed the instrument. ~:". MYCC,"'~_hPlr"'APRI7.1mJ . . - - - - WITN~:G~ SIGNATURE OF NOTARY 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 n J bUtl.}.(.,{ . fM.Jun£~ TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED (oOt2-íf£u ¡g¡. ATTORNEY-IN-FACT 0 GENERAL NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR J, ~O -9Cb 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: j£~ h tJt. . NAME OF PERSON(S) OR ENT1TY(IES) /vt~-æ-4~~ t3 -(f'Dut ~ SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION. S236 Remme' Ave.. P.O. Box 7184' Canoga Park, CA S130S-7184 CALIFORNIA ALLoPURPOS"CKNOWLEDGMENT 66- No. 5907 State of (I frLlf-otJJ/k County of :51'rD ':b I Ú'1 0 On j-30~f{) before me, C€fJU¡¿ Þr "CDT/t£IriJ, 1V~ PufJLk.;- DATE NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUSLlC' personally appeared NffLL£ ¡¿. MIJJt'5 ~ A~ 11W-Sí£b , AME(S) OF SIGNER(S) 0 personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person~ whose name(.st is.Lafe subscribed to the within instrument and ac- knowledged to me that he/sI:IeAAey executed the same in his/tL.er/their authorized capacity(.j.esJ", and that by his/oor/their signatureÇs}- on the instrument the person(&t-. or the entity upon behalf of which the person(.st- acted, executed the instrument. WITN~:â~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuabie to persons reiying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER -p t2.. ~ Ì1zktUA<::,f:: OOu tltE ~ TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMiTED Po U /iLrffD 0 GENERAL 0 ATTORNEY-iN-FACT NUMBER OF PAGES ~ TRUSTEE(S) GUARDIAN/CONSERVATOR j-k-C¡fb 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: 3££ 1o~ . NAME OF PERSON(S) OR ENTITY(IES) ~ MIIJ¡¿j fÞcM~cyíb)'5í ~~1Þð.t~ SIGNER(S) OTHER THAN NAMED ABOVE fvtMJ !'Z» lq~7 @1S93 NATIONAL NOTARY ASSOCIATION. S238 Ramme' Ave., P.O. Box 71S4' Canoga Park, CA S130S-71S4 CA¡IFORNIA Aì.LoPURPOS.lCKNOWLEDGMENT 666 . No. 5007 State of CJ¿ j,~..1JIA- County of '6kI-J 'b l;{,.o On a,~O -q<f¡ before me, l£s u ~ k. c..o ~ )JafNtJ.(PoÝJli,c DATE NAME, TITLE OFOFFICER. E.G.. "JANE D6E. NOTARY PUBLIC' personally appeared J..1 Ail;.J f?J /!.oo1L.:S M.IJJt~, A-6 TW~O: . , NAMEIS) OF SIGNERIS) .' 0 personally known to me - OR . ~roved to me on the basis of satisfactory evidence to be the person(.st whose narne(st is/afe subscribed to the within instrument and ac- knowledged to me that be/she/tRey executed the same in Rtsfher/t.b.eff- authorized j fi . . .;,,;:,.:.:..; . ) capacity(!a.s}, and that by Il.i.s/her/ttTetr ;¡"."",'!!:.\ COMM,#l()5656q f signature{st-Qn the instrument the personfs), ¡¡: ; -~- ' . .- Notary Public - CaHfomIa or the entity upon behalf of which the ~SAN DIEGO COUN1Y - person(.s} acted, executed the instrument. '. My Comm. E"plresAPR 17,19991 j&-:_----~ WITNESS my hand and official seal. ~ ~1;'~~Er~ 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 ?¡z..4 1>Ur/UIrC-£ FAélUTl£s TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL foo(ef"a¡.j 0 ATTORNEY-IN-FACT NUMBER OF PAGES ~ TRUSTEE(S) GUARDIAN/CONSERVATOR 1-3ö-C/ß 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: 5t££ böC- . NAME OF PERSON(S) OR ENTlTY(IES) HLUr.b fkULO-¡ ~J~ SIGNER(S) OTHER THAN NAMED ABOVE <D19S3 NATIONAL NOTARY ASSOCIATION. 8238 Remmel Ave., P.O. Box 71S4. Canoge Perk, CA 91309,7184 CALIFORNIA ALLoPURPOS"CKNOWLEDGMENT 667 . No. 5907 State of ŒkUfow/k- County of .s /'r:IJ ':b I i bt 0 On 3. -j(yqf() before me, WLi£A" Œ-Dì11t/.lJj J.Jðmtb.! R:JßUc¡- DATE NAME, TITLE OF OFFICER. E.G.. "JANE DOE, NOTARY PUSLIC" personally appeared i1flr.JJ S. I:fðt:r /-- ". 1..-:"" ,JJ Jt/øJ ¡.t Sv/-MJJ, 13V J./~ c ç J J J/]V".; A>tt\J IIJ " '"NAME(S)OFSIGNER(S) t1<!:f 0 personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person(.s1 whose name{s) is/afe- subscribed to the within instrument and ac- knowledged to me that he/sAeItfley executed the same in his / h..e.r.tU+e-i-f authorized f~ ~ - - 1 .- - - ~ - - . ~ . capacity(.ies') , and that by his/~ir @ m",,- t signature(s} on the instrument the personW; <t.""'",,, COMM,#l056569 ~ ; 7!;í.i/.. . " Notary Public - Califomia f or the entity upon behalf of which the ~. SAN DiEGO COUNtY ~ person.(aT acted, executed the instrument. "" MyComm.EXplresAPR17.1999 -,,"'C - - - - ~ WITN~;:;"" ~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons reiying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER 1>1t--~])U1 JM::£ ~L-lT1E--S TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED fooM£ÐJ 0 GENERAL ~ATTORNEY.JN-FACT NUMBER OF PAGES TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 3-30-Qß 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: -j££ 1D (. " NAME OF PEASDN(S) OR ENTITY(IES) ~ ~ 5. t+oLT"IFc~ SIGNER(S) OTHER THAN NAMED ABOVE ~. 5 W.'¡/>f.J @t993NATIONALNOTARY ASSOCIATION. S238 Remmel Ave.. P.O. Box 71S0' Canoga Park, CA 9t30S-71S4 - EXHIBIT A PRIVATE ROAD PLAT 11 JI jI j:JSOO ; ¿ lI!I'¡ jLLIl iI T------~ / iI /'" I /' LOTI I /' I /' LOT 4 1'1 /' ~ ,,/' ~ ~ ~ . ~ ~ I LOT 2 i);"\ 1'1 ~? .., ..,---- "? "?1'1 CJ :~ ;. SCALE ," = 200',.., ~ '" '" .. jà "" i LOT 7 ;¡¡ "- :J1 ~"- "- -ß~~-14¡~-- -- - I I I I ~ - DIEIUn) -. IIIC. --.........,.. """'.... "'.... ...-. "'" ......... 11M. -- . "'- """'- EXHIBIT "B" :f PRIVATE DRAINAGE PLAT w '" .,... ~ LOT 1 ::¡ CJ ;. LOT 6 SCALE " - '00' ~ a ::! t LOT 8 ;. i "' \ ~ c:'. PRI~~1~~NAGE "~ Ii! LOT 7 -0... ... \~"" .... Ï!! '~~~Oo~Sl!D55'4(/'E 4 ~ ~ ~ Z'< 32.70' ~ .1"", -' 2 \\ j 3IlII.OO' 279.82' _44'511'W 157.82' ~ UN -.ra - lID. ...,..................", ................. """"-- CML_.~ UIIII -- o~~ ~ , . 670 . EXHIBIT "c" PROPERTY DESCRIPTION THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.