2000-77478
r 8 DOC" 2000-0077478
1940
Recording Req ested By: ) FEB 15" 2000 9:26 ø~M
) OFFICIAL RECORDS
P61 City of Encin tas ) SAN DIEGO COUrHY RECORDER'S OFFICE
) GREGORY J. SMI TH, COUNTY RECORDER
JUri When Recorde Mail to: ) FEE:]: 47.00
City Clerk ) II11II111111111111111111111111111111I11111111111111111III I1111 1111 III!
¡cffJ City ofEncinit s )
505 South Vul an Avenue ) 2000-0077478
Encinitas CA 2024 ì SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE DRAINAGE FACILITIES
MAINTENANCE AGREEMENT
FOR TM 98-071
Assessor's Par< el No, 258-252-03,49.50 Project No,: TM 98-071
258-251-05 W,O.No,: 5975 FM
THIS A REEMENT for the maintenance and repair of those private drainage facilities,
the legal descri tion and/or plat of which is set forth in Exhibits~ attached hereto and made
a part hereof, s entered into by, Newcrest Homes, a California Corporation, as to Parcel A.
Christina J, Sc LIllidt and Laurel Mehl successor co-trustees of the livina trust entitled the Nancv
Meyer Jesson 'ildlife Preservation Trust and dated December 21 1989 as to Parcels B C and
J2...{hereinafter referred to as "Developer") for the benefit of future subdivision lot owners who
will use the pro vate road easement (hereinafter referred to as "lot owners", which shall include
the Developer 0 the extent the Developer retains any ownership interest in any lot or lots),
WHERE S, this Agreement is required as a condition of approval by the City of Encinitã;"'
of a subdivisio project as defined in Section 21065 of the Public Resources code and pursuant
to City ofEnciI itas Municipal Code Section 24,16,060 and Section 24,29.040; and
WHERE S, Developer is the owner of certain real property being subdivided and
developed as TPM 98- 071 that will use and enjoy the benefit of said road easement. A
complete legal description of said real property is attached, labeled Attachment A , and
incorporated b reference, Said real property is hereinafter referred to as the "property"; and
WHERE S, it is the desire of the Developer that said private drainage facilities be
maintained in a safe and usable condition by the lot owners; and
. . 1941
WHE S, it is the desire of the Developer to establish a method for the maintenance and
repair of said p rivate road easement and drainage facilities and for the apportionment of the
expense of suc maintenance and repair among existing and future lot owners; and
WHERE S, it is the intention of the Developer that this Agreement constitute a covenant
running with he land, binding upon each successive lot owner of all or any portion of the
property, NO THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
,I. he property is benefitted by this Agreement, and present and successive lot
owners of all r any portion of the property are expressly bound hereby for the benefit of the
land,
2, he cost and expense of maintaining the private drainage facilities shall be
divided equall among the subdivided parcels created in the subdivision and paid by the lot
owner of the h irs, assigns and successors in interest or each such owner.
3. n the event any of the herein described parcels of land are subdivided further, the
lot owners, hei s, assigns and successors in interest of each such newly created parcel shall be
liable under th' s Agreement for their then pro rata share of expenses and such pro rata shares of
expenses shall e computed to reflect such newly created parcels.
4, he repairs and maintenance to be performed under this Agreement shall be
limited to the fì llowing unless the consent for additional work is agreed to by a majority vote of
the lot owner owning 100% of the number of parcels, including subdivisions thereof as
described in aragraph 3 above: reasonable and normal maintenance work to adequately
maintain said rivate drainage facilities to permit conveyance of storm flows, Repairs and
maintenance u der this Agreement shall include, but is not limited to, repairing and maintaining
drainage struct res, removing debris, and other work reasonably necessary and proper to repair
and preserve th easement for purposes of conveyance of storm flows,
5, f there is a covenant, agreement, or other obligation imposed as a condition of
subdivision ap roval to make private drainage improvements to the private drainage easement,
the obligation 0 repair and maintain the private drainage easement as herein set forth shall
commence wh n the private drainage improvements have been completed and approved by the
City,
6. ny extraordinary repair required to correct damage to said easement or drainage
facility that re ults from action taken or contracted for by lot owners or their successors in
. . 1942
interest shall e paid for by the party taking action or party contracting for work which caused
the necessity or the extraordinary repair. The repair shall be such as to restore the drainage
facility to the ondition 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. eveloper further agrees that the agent may at any time be replaced at the direction
of a majority f the lot owners, Repair and maintenance work on the private drainage facilities
shall be comm nced when a majority of the lot owners agree in writing that such work is needed,
The agent sha I obtain three bids from licensed contractors and shall accept the lowest of said
three bids an shall tht:n initiate the work, The agent shall be paid for all costs incurred
including a re sonable compensation for the agent's services, and suel! costs shall be added to
and paid as a art of the repair and maintenance costs; provided, however, that compensation for
the agent's ser ices shall in no event exceed an amount equivalent to 10% of the actual cost of
repairs and m intenance 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 sh I maintain a trustee account and also maintain accurate accounting records which
are to be avail ble for inspection by any party or authorized agent upon reasonable request. All
such records s all be retained by the agent for a period of five years,
8, hould any lot owner fail to pay the pro rata share of costs and expenses as
provided in thi Agreement, then the agent or any lot owner or owners shall be entitled without
further notice t institute legal action for the collection of funds advanced on behalf of such lot
owner in acco dance with the provisions of California Civil Code Section 845, and shall be
entitled to reco er in such action in addition to the funds advanced, interest thereon at the current
prime rate of i terest, until paid, all costs and disbursements of such action, including such sum
or sums as the ourt may fix as and for a reasonable attorneys fees,
9, ny liability of the lot owners for personal injury to the agent hereunder, or to any
worker emplo ed to make repairs or provide maintenance under this Agreement, or to third
persons, as wel as any liability of the lot owners for damage to the property of agent, or any such
worker, or of y third persons, as a result of or arising out of repairs and maintenance under this
Agreement, sh II be borne, as between the lot owners in the same percentages as they bear the
costs and expe ses of such repairs and maintenance, Each lot owner shall be responsible for and
maintain his 0 n 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 he repairs and maintenance undertaken under this Agreement. Each of the lot
owners agrees 0 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.
.. .. 1943
10, Lot owners shall jointly and severally defend and indemnify and hold harmless
City, City's e gineer and its consultants and each of its officials, directors, officers, agents and
employees fro and against all liability, claims, damages, losses, expenses, personal injury and
other costs, in luding costs of defense and attorney's fees, to the agent hereunder or to any lot
owner, any co tractor, any subcontractor, any user of the easement, or to any other third persons
arising out of r in any way related to the use of, repair or maintenance of, or the failure to repair
or maintain th private drainage facilities.
Nothing in the Agreement, the specifications or other contract documents or City's
approvalofth plans and specifications or inspection of the work is intended to include a review,
inspection ac owledgement of a responsibility for any such matter, and City, City's engineer
and its consult ts, and each of its officials, directors, officers, employees and agents, shall have
no responsibili y or liability therefore.
II. he foregoing covenants shall run with the land and shall be deemed to be for the
benefit of the I d of each of the lot owners and each and every person who shall at anytime own
all or any porti n of the property referred to herein,
12. t is understood and agreed that the covenants herein contained shall be binding
on the heirs, ex cutors, administrators, successors, and assignees of each of the lot owners,
13, t is the purpose of the signatories hereto that this instrument be recorded to the
end and intent hat the obligation hereby created shall be and constitute a covenant running with
the land and subsequent purchaser of all or any portion thereof, by acceptance of delivery of
a deed and/or onveyance 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 t is Agreement to institute legal action as provided in Paragraph 8 hereof, such
remedy to be c mulative and in addition to other remedies provided in this Agreement and to all
other remedies t law or in equity.
14. he terms of this Agreement may be amended in writing upon majority approval
of the lot owne s and consent of the City,
15, his Agreement shaH be governed by the laws of the State of California, In the
event that any fthe provisions of this Agreement are held to be unenforceable or invalid by any
court of compe ent jurisdiction, the validity, and enforceability of the remaining provisions shall
not be affected hereby.
16, If the Property constitutes a "Common Interest Development" as defined in
California Civi Code Section 135l(c) which will include membership in or ownership of an
. . 1944
"Association" s defined in California Civil Code Section 135l(a), anything in this Agreement to
the contrary n twithstanding, the following provisions shall apply at and during such time as (i)
the Property i encumbered by a "Declaration" (as defined in California Civil Code Section
135l(h), and ii) the Common Area of the property (including the private road easement) is
managed and ( ontrolled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private draina e facilities and shall be deemed the "agent" as referred to in Paragraph 7 above,
The Assoeiati n, which shall not be replaced except by amendment to the Declaration, shall
receive no em pensation for performing such duties, The costs of such maintenance and repair
shall be assess d against each owner and his subdivision interest in th1.' Property pursuant to the
Declaration, 1 þe assessments shall be deposited in the Association's corporate account.
(b) he provisions in the Declaration which provide for assessment liens in favor of
the Associatio and enforcement thereof shall supersede Paragraph 8 of the Agreement in its
entirety, No ndividual owners shall have the right to alter, maintain or repair any of the
Common Area (as defined in California Civil Code Section 135l(b) in the Property except as
may be allowe by the Declaration,
(c) his Agreement shall not be interpreted in any manner which reduces or limits the
Association's r ghts and duties pursuant to its Bylaws and Declaration,
IN WI ~SS WHEREOF, ~arties have executed this Agreement
onthe~' day of~ ~ f'lw...h~..-- , 19~,
o"d~~
/:2-/ìo!ge¡ ~ -,.vW' Î""~
"'-/10/99 ~~4.
Signature of D VELOPER must be notarized, Attach the appropriate acknowledgement.
. . 1945
CALIFORNIA AL .PURPOSE ACKNOWLEDGMENT
State of 'f rnia
County of ran e
On Dee er 3,1999 before me, Charlotte L. Todd
.... Nom. """'"0lIl",, I..g., "J....Ooo,""" p"~.,
personally app ared TOM O'DONNELL
Name(O¡" s_o¡
¡¡g personally kn wn to me - OR - 0 proved to me on 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 helshelthey executed the
same in hislherltheir authorized capacity(ies), and that by
his/herltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
(~~
OPTIONAL
below is not required by law, it may prove valuable to persons relying on the dowment and couIcI prevent
lraudulent removal and røaftachmorr/ of this form to another document
Description f Attached Document
Tilte or Type of acument:
Document Date: Number of Pages:
Signer(s) Other an Named Above:
Capacity(ies Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate 0 icer 0 Corporate Officer
Title(s): Tille(s):
0 Partner-D imited 0 General 0 Partner - 0 Limited 0 General
0 Atlomey-in-F ct 0 Attomey-in-Fact
0 Trustee 0 Trustee
0 Guardian or onservator . 0 Guardian or Conservator .
0 Other: Top o"humb here 0 Other. Top 01 thumb here
Signer Is Repres nting: Signer Is Representing:
0> 199' Nali"" N"" A.."I,Ii'" '" "~m", A,".. PO. e" "84 . C"og, p"". CA 9>30g-"" Pmd. No. 5907 R"""" C", T"'-F,.. "00-'70-01117
. .
~'\ AME R.¡ 1946
0
'\,~ "1
~ <þ
}
STATE OF C LlFORNIA }ss,
COUNTY OF Riverside
On Decem er 10, 1999 , before me, JoAnn Gregory, Notary Public
Christina J. Schmidt and Laurel Mehl
, pcrconally ImowR to me
(or proved to e on the basis of satisfactory evidence) to be the person(s) whose name(s) i~
subscribed to the within instrument and acknowledged to me that he/she~xecuted the same
in his/her ei' thorized capacity(ies) , and that by his/he~gnature(s) on the instrument the
person(s) or t e entity upon behalf of which the person(s) acted, executed the instrument.
JO ANN GREGORY
COMM. #1092592
NOTARY PUBUC ' CALIFORNIA
RIVERSIDE COUNTY I
My CGmm. E:qino ,\piI 7, 2000
(Th;s a'ea 10' off;"al nota,;al seal)
Title of Docu ent Private Drainage Facilities Maintenance Agreement for TM 98-071
Date of Docu ent 12/3/99 No. of Pages
Other signatu es not acknowledged
3008 (1194) (Ge"e,al)
F;rst American Hie Insurance Company
119471
. .
ATTACHMENT "A" TO
COVENANT REGARDING REAL PROPERTY
PROJECT NO. TM 98-071
. &nERNO.1217501-15
Attachment "A" 1948
LEGAL DESCRIPTION
THE LAND REF RRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION F THE NORTHWEST QUARTER OF THE SOUTIIEAST QUARTER OF SECTION
15, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE MERIDIAN, IN TIIE
COUNTY OF S DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED IN CERTIFICATE OF
COMPLIANCE CORDED FEBRUARY 28, 1990 AS DOCUMENT 90-107486 OF OFFICIAL
RECORDS OF S DIEGO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING A THE SOUTIIEAST CORNER OF SAID NORTHWEST QUARTER OF TIIE
SOUTHEAST Q ARTER; TIIENCE 1. SOUTH 89°55'00" WEST 661.70 FEET ALONG THE SOUTH
LINE OF SAID ORTHWEST QUARTER OF THE SOUTIIEAST QUARTER; TIIENCE 2, NORTH
1 °25'00" EAST 19.80 FEET TO THE SOUTIIEAST CORNER OF PARCEL 1 OF THE LAND
DESCRIBED IN E DEED TO PAUL SCHAFER, RECORDED IN TIIE OFFICE OF TIIE COUNTY
RECORDER OF APRIL 2, 1937 IN BOOK 638, PAGE 113 OF OFFICIAL RECORDS; TIIENCE
CONTINUING ONG TIIE EASTERLY LINE OF SAID SCHAFER'S LAND 3, NORTH 1°25'00"
EAST 321.80 FE T TO TIIE TRUE POINT OF BEGINNING; TIIENCE CONTINUING ALONG TIIE
EASTERLY L OF SAID SCHAFER'S LAND 4, NORTH 1 °25'00" EAST 356,50 FEET MORE OR
LESS TO TIIE ORTIIEAST CORNER THEREOF; THENCE ALONG THE NORTIIERL Y LINE OF
SAID SCHAFE 'S LAND 5. SOUTH 88°07'00" WEST 420,12 FEET MORE OR LESS TO THE
NORTIIEAST C RNER OF LAND DESCRIBED IN TIIE DEED TO HUGH R, FOSTER AND MARIE
H. FOSTER, RE ORDED IN TIIE OFFICE OF TIIE COUNTY RECORDER JUNE 18, 1958 IN BOOK
7128, PAGE 111 OF OFFICIAL RECORDS; THENCE ALONG TIIE EASTERLY LINE OF SAID
FOSTER'S L PARALLEL TO TIIE WEST LINE OF SAID NORTHWEST QUARTER OF
SOUTIIEAST ARTER 6, SOUTH 1°25'00" WEST 90,00 FEET MORE OR LESS TO TIIE
SOUTIIEAST C RNER OF SAID FOSTER'S LAND; THENCE ALONG A LINE PARALLEL WITH
SAID SCHAFE S NORTIIERLY LINE, 7. SOUTH 88°07'00" WEST 97.05 FEET MORE OR LESS TO
TIIE NORTIIEA T CORNER OF LAND DESCRIBED IN TIIE DEED TO ROBERT FLOYD ARCHER
AND ELMA AL CE ARCHER, RECORDED IN THE OFFICE OF TIIE COUNTY RECORDER MAY 9,
1966, AS FILE 0, 77543 OF OFFICIAL RECORDS; THENCE ALONG TIIE EASTERLY LINE OF
SAID ARCHER' LAND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER OF
SOUTIIEAST UARTER, 8, SOUTH 1°25'00" WEST 60.00 FEET MORE OR LESS TO TIIE
SOUTHEAST C RNER OF SAID ARCHER'S LAND; THENCE ALONG A LINE PARALLEL WITH
SAID SCHAFE 'S NORTIIERLY LINE 9, SOUTH 88°07'00" WEST 165.00 FEET MORE OR LESS TO
THE WEST L OF SAID NORTHWEST QUARTER OF SOUTIIEAST QUARTER AND ALSO
BEING THE SO ST CORNER OF LAND DESCRIBED IN TIIE DEED TO ROBERT FLOYD
ARCHER AND ELMA ALICE ARCHER, RECORDED IN TIIE OFFICE OF TIIE COUNTY
RECORDER A GUST 27, 1959 IN BOOK 7231, PAGE 61 OF OFFICIAL RECORDS; TIIENCE
ALONG TIIE STERL Y LINE OF SAID NORTHWEST QUARTER OF SOUTIIEAST QUARTER,
10. SOUTH 1°2 '00" WEST 71.00 FEET MORE OR LESS TO THE NORTHWEST CORNER OF LAND
PAGE 7
. 19 ¡fþ ORDER NO. 1217501-15
DESCRIBED TIIE DEED TO ROBERT FLOYD ARCHER AND ELMA ALICE ARCHER,
RECORDED IN E OFFICE OF TIIE COUNfY RECORDER MAY 28,1958 IN BOOK 7099, PAGE
487 OF OFFIC RECORDS; TIIENCE ALONG A LINE TIlAT IS PARALLEL WITH AND 180,00
FEET NORTIlE Y FROM TIlE SOUTHERLY LINE OF LAND DESCRIBED IN DEED TO TIIE
DEPAR1MENT F VETERAN'S AFFAIRS OF TIlE STATE OF CALIFORNIA, RECORDED IN TIIE
OFFICE OF E COUNfY RECORDER DECEMBER 9, 1955 IN BOOK 5899, PAGE 379 OF
OFFICIAL REC RDS, 11. NORTIl 89°55'00" EAST 145.05 FEET MORE OR LESS TO TIIE
NORTIlEAST C RNER OF SAID ARCHER'S LAND; TIIENCE ALONG A LINE THAT IS PARALLEL
WITIl AND 14,00 FEET EASTERLY FROM TIlE WESTERLY LINE OF SAID NORTHWEST
QUARTER OF S UTHEAST QUARTER, 12. SOUTH 1°25'00" WEST 180,06 FEET MORE OR LESS
TO TIIE SOUTIl AST CORNER OF SAID ARCHER'S LAND; TIlENCE ALONG TIlE SOUTHERLY
LINE OF SAID S HAFER'S LAND DEEDED IN 1937, 13, NORTIl 89°55'00" EAST, 5.45 FEET MORE
OR LESS TO E WESTERLY CORNER OF LAND DESCRIBED IN TIlE DEED TO PAUL
SCHAFER, REC RDED IN TIIE OFFICE OF TIlE COUNfY RECORDER AUGUST 25, 1952, IN
BOOK 4570, P A E 126 OF OFFICIAL RECORDS; TIlENCE ALONG TIIE NORTHWESTERLY LINE
OF SAID SC ER'S LAND DEEDED IN 1952, 14, NORTIl 71 °48'21" EAST 212,24 FEET MORE OR
LESS TO TIIE ORTIl CORNER OF SAID SCHAFER'S LAND DEEDED IN 1952; TIIENCE 15.
NORTIlERL Y 89 55'00" EAST 330,77 FEET MORE OR LESS TO TIIE TRUE POINT OF BEGINNING,
PARCELB:
TIlAT PORTION OF TIlE NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 13 OUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN TIlE CITY OF
ENCINITAS, CO OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVE NT SURVEY APPROVED APRIL 19,1881, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN TIIE EASTERLY LINE OF SAID NORTIIWEST QUARTER OF
SOUTIlEAST QU TER OF SECTION 15, DISTANT TIlEREON NORTIl 1 °07'56" EAST 660.28 FEET
(NORTIl 1°13' AST 660 FEET, RECORD) FROM TIlE SOUTHEAST CORNER OF SAID
NORTHWEST Q ARTER OF SOUTHEAST QUARTER, SAID POINT BEING IN TIIE EASTERLY
PROLONGA TIO OF TIlE NORTIIERL Y LINE OF TIlE LAND CONVEYED TO M. G. WOODWARD
BY DEED DATE APRIL 16, 1929 AND RECORDED IN BOOK 1609, PAGE 499 OF DEEDS, IN TIIE
OFFICE OF TIlE COUNfY RECORDER OF SAN DIEGO COUNfY; TIIENCE SOUTH 89°52'05"
WEST (SOUTIl 8 °55' WEST, RECORD) ALONG TIlE NORTIlERL Y LINE OF SAID WOODWARD'S
LAND, 659.11 FE T TO A POINT ON TIlE EASTERLY LINE OF TIIE LAND CONVEYED TO PAUL
SCHAFER BY D ED DATED JUNE 12, 1929 AND RECORDED IN BOOK 1658, PAGE 343 OF
DEEDS, IN TIlE OFFICE OF TIlE COUNfY RECORDER OF SAN DIEGO COUNfY; TIIENCE
NORTIl 1 °22'34" AST (NORTIl 1 °25' EAST, RECORD) ALONG SAID EASTERLY LINE 330.33
FEET (331.00 FE T, RECORD) TO TIlE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED
TO ARCHIBALD JENNINGS MATIlER AND WIFE DATED JUNE 4,1930, RECORDED IN BOOK
1777, PAGE 411 F DEEDS, SAID POINT BEING TIlE TRUE POINT OF BEGINNING; TIIENCE
NORTIl 89°52'52" EAST (NORTIl 89°55' EAST, RECORD) ALONG TIIE SOUTH LINE OF SAID
MA TIIERS L 394.41 FEET; TIIENCE SOUTH 1°07'30" WEST (SOUTH 1°13'00" WEST,
RECORD) 230.20 EET; TIlENCE NORTIl 79°12'13" WEST 400.69 FEET TO TIIE EASTERLY LINE
OF LAND CO YED TO PAUL SCHAFER, TIlENCE NORTIl 1 °22'34" EAST 154.33 FEET ALONG
SAID EASTERLY INE TO TIlE TRUE POINT OF BEGINNING.
PAGE 8
. 1950. ORDERNO.1217501-15
SAID PROPE TY IS DESCRIBED AS PARCEL A ON CERTIFICATE OF COMPLIANCE RECORDED
OcrOBER 24 1991 AS FILE NO. 91-0549344 OF OFFICIAL RECORDS.
PARCELC:
THAT PORTI N OF TIlE NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN TIlE CITY OF
ENCINITAS, OUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GO RNMENT SURVEY APPROVED APRil. 19, 1881, DESCRIBED AS FOLLOWS:
BEGINNING T A POINT IN THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF
SOUTHEAST UARTER OF SECTION 15, DISTANT THEREON NORTIl 1 °07'56" EAST 660.28 FEET
(NORTIl 1°1 ' EAST 660 FEET, RECORD) FROM THE SOUTHEAST CORNER OF SAID
NORTHWES QUARTER OF SOUTHEAST QUARTER, SAID POINT BEING IN TIlE EASTERLY
PROLONGA ON OF THE NORTHERLY LINE OF THE LAND CONVEYED TO M, G, WOODWARD
BY DEED DA D APRIL 16, 1929 AND RECORDED IN BOOK 1609, PAGE 499 OF DEEDS, IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 89°52'05"
WEST (SO 89°55' WEST, RECORD) ALONG TIlE NORTHERLY LINE OF SAID WOODWARD'S
LAND, 263,25 FEET TO TIlE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTIlERL Y LINE 395,86 FEET TO A POINT ON THE EASTERLY LINE OF THE LAND
CONVEYED 0 PAUL SCHAFER BY DEED DATED JUNE 12, 1929 AND RECORDED IN BOOK
1658, PAGE 3 3 OF DEEDS, IN THE OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO
COUNTY; ENCE NORTIl 1 °22'34" EAST (NORTIl 1 °25' EAST, RECORD) ALONG SAID
EASTERLY L 176,00 FEET; TIlENCE SOUTH 79°12'13" EAST 400.69 FEET; TIlENCE SOUTH
1 °07'30" WES 100,00 FEET (SOUTH 1 ° 13' WEST, RECORD) TO THE TRUE POINT OF BEGINNING.
SAID PROPE TY IS DESCRIBED AS PARCEL B IN CERTIFICATE OF COMPLIANCE RECORDED
OcrOBER 24, 1991 AS FILE NO. 91-0549344 OF OFFICIAL RECORDS.
THE NORTIl 80 FEET OF TIlE WEST 50 FEET OF THAT PORTION OF THE NORTHWEST
QUARTER 0 THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRil.
19,1881, DES ED AS FOLLOWS:
BEGINNING T A POINT ON TIlE EAST LINE OF THE NORTHWEST QUARTER OF TIlE
SOUTHEAST UARTER OF SAID SECTION 15, WHICH IS NORTIl 1 °13' EAST 330 FEET FROM
TIlE SOUTHE ST CORNER OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF
SAID SECTI ; THENCE SOUTH 89°55' WEST PARALLEL WITIl THE SOUTH LINE OF
NORTHWEST UARTER OF SOUTHEAST QUARTER OF SAID SECTION, A DISTANCE OF 660.56
FEET; THENC NORTIl 1°25' EAST, A DISTANCE OF 330 FEET; TIlENCE NORTIl 89°55' EAST
659.41 FEET T THE EAST LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER
OF SAID SE ON; TIlENCE SOUTH 1°13' WEST ALONG SAID EAST LINE 330 FEET TO THE
POINT OF BE INNING.
NOVEMBER 08, I 9910:38AM La
PAGE 9
. Exhibit "AU'i, .
LEGAL DESCRIPTION {C15l
FOR
PRIVATE DRAINAGE EASEMENT
Being a porti n of the Northwest 1/4 of the Southeast 1/4 of Section 15, T13S, R4W, San
Bernardino B & Meridian in the County of San Diego, State of California according to the
U.S. Go", ent Survey approved April 19, 1881 and being more particularly described as
follows:
Commencing at the Northwest comer of the Southeast 1/4 of said Section 15, said point being
the centerline intersection ofRequeza Street and Regal Road as shown by Map 12223 Records of
said San Die County, State of California;
THENCE, So 01 °58'17" West (North 01 °58'17" East per said Parcel Map 12223) aa disitance
of355.80 to e Westerly projection of the Southerly line of Map 7314
THENCE, N rth 87°56'02" East, along the Southerly line of said Map 2314 a distance of262.11
feet to the No east comer ofland described in deed to Hugh R. Foster recorded in the Office of
the County rder, June 18, 1958 in Book 7128, Page 111, Official Records to point "A";
tinuing North 87°56'02 East, 419.82 feet to the Southeast comer of Lot 3, Map
01 °21'53" East along said line 6.73 feet to the Northerly line of Record of
89°25'47" East, along the said Northerly line 1 0.58 feet to the TRUE POINT
G of a 5 foot wide drainage easement;
00015'16"East, 113.76 feet;
THENCE, So 81°35'17" West, 35.38 feet to the beginning of a non-tangent curve concave
Southwesterly having a radius of 58.00 feet and a radial bearing of North 42°37'53" East;
westerly along said curve through a central angle of 06°40'54" an arc length of
81 °35'17" East, 35.59 feet;
00°15'16" West, 109.50 feet to a point on the Southerly line of said Record of
89°25'47" East, 5.00 feet to the TRUE POINT OF BEGINNING;
Said easement ontains 735 square feet, more or less
í?tJ
. .
1952
LEGAL DESCRIPTION
FOR
A 5 FOOT DRAINAGE EASEMENT
01 °58'17" West, 89.82 feet;
87°55'09" West, 97.12 feet;
01°58'17" West, 63.61 feet;
88°26'04" East, 0.22 feet to the beginning of a tangent curve concave Northerly
us of322.00 feet;
THENCE, ter1y along said curve through a central angle of 00°51'10" an arc length of4.79
feet;
01 '°58'17" East, 58.60 feet;
87°55'09" East, 97.12 feet;
01 °58'17" East, 89.82 feet;
87°56'02" East, 75.18 feet;
01 °58'17" East, 5.01 feet to the Southerly line of Map 7314;
87°56'02" West, 80.19 feet to the TRUE POINT OF BEGINNING.
Said easemen contains 1629 square feet, more or less.
. .
LEGAL DESCRIPTION 1953
FOR
PRIVATE DRAINAGE EASEMENT
Being a pom n of the Northwest 1/4 of the Southeast 1/4 of Section 15, Tl3S, R4W, San
Bernardino B e & Meridian in the County of San Diego, State of California according to the
U.S. Gove ent Survey approved April 19, 1881 and being more particularly described as
follows:
t the centerline intersection of Regal Road and Melba Road;
THENCE, N 01 °58'17" East (North 01 °25'00" per deed Recorded December 28, 1989 as
Instrument N . 89.705552, Official Records along the centerline of said Regal Road, 575.60 feet;
89°27'55" East, 350.49 feet (North 89°55'00" West, 350.50 feet per deed);
02°01'55" East, 66.00 feet (North 01 °25'00" East per deed);
THENCE, So 89°27'55" East, 330.51 feet (North 89°55'00" West, 330.50 feet per deed) to the
TRUE PO OF BEGINNING;
09°20'10" East, 145.02 feet;
THENCE, No 69°23'58" West, 29.69 feet to the beginning of a non-tangent curve concave
Northwesterl and having a radius of58.00 feet and a radial bearing of North 54°21'51" West;
erly along said curve through a central angle of 05° 11'04" an arc length of5.25
69°23'58" East, 27.18 feet;
09°20'10" West, 141.69 feet;
89°27'55" East, 5.06 feet to the TRUE POINT OF BEGINNING.
Said Easemen contains 858 square feet, more or less.