1994-136478
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613
Recording Requested By: )
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City of E cinitas )
527 Encin tas Boulevard )
Encinitas CA 92024 )
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When reco ded, mail to: )
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City of E cinitas )
527 Encin tas Boulevard )
Encinitas CA 92024 )
)
)
(Space above for Recorder's Use)
FIRST AMENDMENT TO
PRIVATE ROAD MAINTENANCE
AGREEMENT FOR TM #90-163
Assessor' Parcel No. 265-500-12 thru 22
Project N TM 90-163
The rivate Road Maintenance Agreement dated September 10,
1992 and recorded on December 3, 1992 as Document Number 1992-
0775495 i the Office of the County Recorder of the County of San
Diego, st te of California, covering the real property described
on Exhibi A attached hereto and incorporated herein is amended in
accordanc with paragraph 14 as follows:
1. The title is amended to read as follows:
"Private Road and Biological Open Space Maintenance
Agre ment for TM 90-163. "
2. Paragraph 2 is amended to read in full as follows:
"The cost and expense of maintaining the private
road easement shall be divided equally among Lots 1
thro gh 7 of the subdivided parcels created in the
subd 'vision and paid by the lot owner or the heirs,
assi ns and successors in interest of each such owner."
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3. Paragraph 4 is amended to read in full as follows:
"4. The repairs and maintenance to be performed on
the oadway under this Agreement shall be limited to the
foll wing unless the consent for additional work is
agre d to by a majority vote of the lot owners owning
100% of the number of parcels, including subdivisions
ther of as described in Paragraph 3 above: reasonable and
norm 1 road improvement and maintenance work to
adeq ately maintain said private road easement and
rela ed drainage facilities to permit all-weather access.
Repa'rs and maintenance under this Agreement shall
incl de, but is not limited to, filling of chuckholes,
repa'ring cracks, repairing and resurfacing of roadbeds,
repa'ring and maintaining drainage structures, removing
debr's, maintaining signs, markers, striping and
ligh ing, if any, maintaining street trees and mulch
with'n Lot 11 (the designated right-of-way), and other
work reasonably necessary and proper to repair and
pres rve the easement for all-weather road purposes."
4. A new Paragraph 17 is added as follows:
"17. A portion of Lot 4, designated as a
ogical Open Space' is added to the legal description
hibit A-1 hereto."
5. A new Paragraph 18 is added as follows:
"18. The cost and expense associated with care and
main enance of Lot 4 Biological Open Space shall be
divi ed equally among Lots 1 through 9 of the subdivided
parc ls created in the subdivision and paid by the lot
owne or the heirs, assigns and successors in interest
of e ch such owner. All maintenance shall be subject to
the rovisions of Article VI 'Preservation of Trees' set
fort in the Declaration of Covenants, Conditions and
Rest ictions for City of Encinitas TM #90-163 recorded
as D cument No. 1992-0794764 on December 11, 1992 in the
Offi e of the County Recorder, County of San Diego, State
of C lifornia as such document may be amended from time
to t'me."
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615
6. Except as amended hereby the Private Road Maintenance
shall remain in full force and effect.
Encinitas, California on the ~ day of -
, 1994.
OWNER:
OLIVENHAIN COLONY, II, LTD.,
a California Limited Partnership,
By: VENTURE PACIFIC DEVELOPMENT,
a California Corporation,
General Partner
By~7~~~
ROBERT A. BO KER
BY'P?:~~
BOB G. LUCIDO
Secretary
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ACKNOWLEDGEMENT
STATE OF )
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)
On!'" , 1994, before me, '",,/- I I,
a Notary ublic, personally appeared ROBERT A. BOOKER, personally
known to e (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to the within instrument
and ackno ledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the en ity upon behalf of which the person acted, executed the
instrumen.
WITNESS m hand and official seal. e:"':<t¿":-¿;3;"""~..ê"&"??~,,,.iJ2
¡(,""'.9"" OF'CIM, °F'[
/.ii,~/ "7 'Sh RandaG M~ljOUt,
I;f~'" ,:,','" """,uP',,',P,",'CCA,"'ORNIA
<: ' ,"I PRINCP'" Of""f IN
, ¡. ,', '.' ! /! . I : ",,<~,,/ CAN D,[C.O COUNTY
Slgnature . /. ' ,. (Seal) MyCommml'n h.""", Jao 61995
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STATE OF ALIFORNIA )
)
COUNTY OF SAN DIEGO)
On I , 1994, before me, ,
a Notary Public, personally appeared BOB G. LUCIDO, personally
known to e (o'r proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to the within instrument
and ackno ledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the en ity upon behalf of which the person acted, executed the
instrumen.
WITNESS m hand and official seal.
"'"
al'FiCIAI SE<,
Randa G, Milljour
, '; \, I' , ',op~¡:~::,Y.~\'6i,~~'~~~NIA
Slgnature "0 1./,: / J (Seal SAN DIlGO C(JJNTY
I ' . ! My Comw=~~;::..~95
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617
EXHIBIT "A"
LOTS 1 T ROUGH 11 INCLUSIVE OF CITY OF ENCINITAS TRACT NO. TM 90-
163 IN HE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORN A, ACCORDING TO MAP THEREOF NO. 12991 RECORDED DECEMBER
4, 1992 N THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY.
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618
EXHIBIT "A-1"
A PORTIO OF PARCEL 1 OF PARCEL MAP NO. 10387, IN THE CITY OF
ENCINITA , COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE 0 THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 28, 1980
AS FILE O. 80-277581 OF OFFICIAL RECORDS.
BEING LO 4 OF CITY OF ENCINITAS TRACT NO. 90-163. THE PRIVATE
BIOLOGIC L OPEN SPACE EASEMENT ON A PORTION OF LOT 4 OF CITY OF
ENCINITAS TRACT 90-163 SHOWING THE DESIGNATED OPEN SPACE BOUNDARY
PER RECO DED TRACT MAP 12991 OF DECEMBER 4, 1992 AS FILE NO. 92-
781176 OF OFFICIAL RECORDS.