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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 "'<' --..,., ~ 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. 4~l/.m~ ~ . . EXHIBIT "8" 723 ~ ~ cAí.£' ~ ~ ~ );¡ ~ " ~ ~ ~ Ss; f\) ~ ~ ~ );) ~ <. ,~ :-.¡. (»\n \1\-0 '\n' 'J ~ 0) ~ - 51!'5°34'4fjNW 515°34'48"W ZI.OB' Z4. 33' ~ ?/ (; - :PARe-a II"B 1\ COle RA NCII I?OAO ~ (FOÆ'Mé./?LY "EN STÆ'éér'J -r' -- -- .' '. . ...' . . 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.