1994-655358
<. " #
: Recording ReqUe~ By: ~Q~o~-~~~~-O~r~~~B
. )
) 720 AM
City of Encinitas )
505 South Vulcan Avenue ) OFFICIAL RECORDS
Encinitas, California 92024 ) SAH DIEGO COUHTY RECORDER'S OFFICE
) GREGORY SMITH, COUNTY RECORDER 19.00
When Recorded, mail to: ) RF: 9.00 FEES:
) AF: 9.00
City of Encinitas ) MF: 1. 00
505 South Vulcan Avenue )
Encinitas, California 92024 )
:¡;;. , ( ,j I'
aJ!;~ (Space above for Recorder's Use)
FIRST AMENDMENT TO
l>-ì'oO PRIVATE ROAD MAINTENANCE
AGREEMENT FOR TPM 18455
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Assessor's Parcel No. 264-171-85 thru 88
Project No. TPM 18455 (P.M. 15615)
The Private Road Maintenance Agreement dated October 5, 1988
and recordéd on December 5, 1988 as Document Number 1988-0621072
in the Office of the County Recorder of the County of San Diego,
State of California, covering the real property described on
Exhibit "C" attached hereto and incorporated herein is amended in
accordance with paragraph 14 as follows:
1. The legal description for the road area is amended as
per Exhibit "A" and as shown on Exhibit "B", both attached hereto
and made a part hereof.
2. Except as amended hereby the Private Road Maintenance
shall remain in full force and effect.
~C~d ~ Encinitas, California on the ~day of
, 1994.
CITY OF ENCINITAS OWNER:
Dated: ~ WILLIAM B. BUCK, as Trustee
under the Jeff and Patty
Daniels Charitable Remainder
Unitrust dated Dec. 27, 1990.
By' ~~~ By: lMÆ-- ~ s -Lv-
(Notarization not required) WILLIAM B. BUCK, Trustee
SCANNED
4
" . .
721
STATE OF CALIFORNIA, } S.S.
COUNTY OF SAN DIEGO
On October 3, 1994 , before me, Erin T. Alfer
, a Notary Public in and for said County and State, personally
appeared William B. Buck, Trustee
personally known to me (or proved to me on
FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that I ~ ~ . - ~ ~ ;':L~; ~ ~ ~f
he/shelthey executed the same in his/her/their
authorized capacity(ies), and that by his/herltheir c @ CXMt #101" I
signature(s) on the instrument the person(s), or 1'-. . ~=~m.Io -
the entity upon behalf of which the person(s) L - - _~~.~~3~':' J
acted, executed the instrument.
WITNESS m~ and offiþseal. 0
Signature ~. 1
STATE OF CALIFORNIA, } S.S,
COUNTY OF
On , before me,
, a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on
FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
TE 160 Legal (2'94)
This form is furnished by Chicago Title Company
: . .
722
EXHIBIT nAn
LEGAL DESCRIPTION
AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND INCIDENTALS THERETO
DESCRIBED AS FOLLOWS:
PARCEL A:
THOSE PORTIONS OF PARCELS 1,2,3 AND 4 OF PARCEL MAP NO. 15615
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
MARCH 23, 1989 AS FILE NO. 89-148940, LYING WITHIN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE
SOUTH 15°34' 48" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 4,
21.03 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 43024'04"
WEST 18.16 FEET; THENCE NORTH 73° 11'41" WEST 179.47 FEET TO THE
BEGINNING OF A TANGENT 38.00 FOOT RADIUS CURVE CONCAVE EASTERLY
AND SOUTHERLY; THENCE WESTERLY, NORTHERLY AND EASTERLY, ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 255031'21" A DIS-
TANCE OF 169.47 FEET TO THE BEGINNING OF A TANGENT 26.00 FOOT
RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 75° 31'21" A
DISTANCE OF 34.27 FEET; THENCE SOUTH 73°11'41" EAST 116.51 FEET;
THENCE NORTH 78° 59'57" EAST 17.85 FEET TO THE EASTERLY LINE OF
SAID PARCEL 2; THENCE SOUTH 15° 34'48" WEST, ALONG SAID EASTERLY
LINE, 24.33 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT SUPERSEDES THE "PROPOSED PRIVATE ROAD EASEMENT" AS
SHOWN ON ABOVE REFERENCED PARCEL MAP. ALL FUTURE OWNERS WILL
GRANT AND BE GRANTED RECIPROCAL EASEMENTS TO EACH OTHER OVER THE
ENTIRE AREA AS DESCRIBED ABOVE.
PARCEL B:
THAT PORTION OF COLE RANCH ROAD, FORMERLY "E" STREET, ADJOINING
SAID PARCEL 2 AND PARCEL 4 ON THE EAST, EXCEPT AS VACATED AND
CLOSED TO THE PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVI-
SORS OF THE COUNTY OF SAN DIEGO ON JUNE 11, 1986.
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EXHIBIT "8" 723
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724
EXHIBIT "C"
PROPERTY LEGAL DESCRIPTION
PARCELS 1, 2, 3, AND 4 AS SHOWN ON PARCEL MAP NO. 15615, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARCEL MAP RECORDED MARCH 23, 1989 AS FILE NO. 89-
148940 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID COUNTY.