2003-396340
# -~OO3-03963t+O
!:, F' F~ 08. ~::.'003 Ll; 08 Pl"-"I
Recording Requested By: ) OFFICIAL RECOF'DS
)
City Engineer ) SArJ DIEGO COUNT\' f:[cORDER'S OFFICi.
¡,REGOR\' J. SMITH. COUNTY RECORDEF:
) FEES: 35.00
When Recorded Mail to: )
City Clerk )
City of Encinitas )
f8 505 South Vulcan Avenue )
Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
¡Df PRIVATE WATER TREATMENT
(i/ MAINTENANCE AGREEMENT AND
PRIVATE DRAINAGE EASEMENT
FOR HERITAGE RIDGE]]
" ./ ,,/ v' ,/'
Assessor's Parcel No. 264-151-36383940.41 Project No.: 01-143
W.O. No.: 7219 G/I
THIS AGREEMENT for the periodic maintenance and repair of that certain private storm
water treatment facilities, the legal description and/or plat of which is set forth in Exhibits attached
hereto and made a part hereof, is entered into by OLIVEN RAIN COLONY VI]], LTD. (hereinafter
referred to as "Developer") for the benefit of future owners who will use the private storm water
treatment facilities (hereinafter referred to as "owners"), which shall include the Developer to the
extent the Developer retains any ownership interest in any land covered by this agreement
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 2429.040; and
WHEREAS, Developer is the owner of certain real property and developed as Exhibit "A"
that will use and enjoy the benefit of said storm water treatment facilities(s). A complete legal
description of said real property is attached, labeled Exhibit "B" 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 storm water treatment system
be maintained in a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance and repair of said private storm water treatment facilities and for the apportionment of
the expense of such maintenance and repair among existing and future owners; and
WHEREAS, there exists a benefit to the public that the private storm water treatment facilities
be adequately maintained on a regular and periodic basis; and
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WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant
running with the land, binding upon each successive 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 owners of all or
any portion of the property are expressly bound hereby for the benefit of the land.
2. The cost and expense of maintaining the private storm water treatment facilities shall be
paid by the owner of the heirs, assigns and successors in interest of each such owner.
3. In the event any of the herein described parcels ofland are subdivided further, the 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: reasonable and improvements and maintenance work to adequately maintain said private
storm water treatment facilities to permit access to said facilities. Repairs and maintenance under this
Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining
drainage structures, removing debris, if any, and other work reasonably necessary and proper to
repair and preserve the private storm water treatment facilities for their intended purposes.
5. If there is a covenant, agreement, or other obligation imposed as a condition of the
development. the obligation to repair and maintain the private storm water treatment facilities as
herein set forth shall commence when improvements have been completed and approved by the City.
6. Any extraordinary repair to correct damage to said storm water treatment facilities that
result from action taken or contracted for by the 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 storm water treatment facilities to the
condition existing prior to said damage.
7. Any liability of the owners for personal injury to an 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 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,
by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be
responsible for the and maintain their own insurance, if any. By this Agreement, the Developer does
not intend to provide for the sharing ofliability with respect to personal injury or property damage
other than that attributable to the repairs and maintenance undertaken under this Agreement
-2-
8. 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 ITom
and against all liability , claims, damages, losses, expenses, personal injury and other costs, including
costs of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any
subcontractor, any user of the storm water treatment facilities, 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 storm water treatment facilities.
Nothing in the Agreement, the specifications or other contract documents or City's approval
of the plans and specifications or inspection ofthe work is intended to include a review, inspection
acknowledgment 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.
9. The foregoing covenants shall run with the land and shall be deemed to be for the
benefit of the land of the owners and each and every person who shall at anytime own all or any
portion of the property referred to herein.
10. It is understood and agreed that the covenants herein contained shall be binding on
the heirs, executors, administrators, successors, and assignees of each ofthe owners.
11. It is the purpose of the signatories hereto that this instrument be recorded to the end
and intent that the obligation 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
conveyance 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.
12. The terms of this Agreement may be amended in writing upon majority approval of
the owners and consent of the City.
13. 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.
14. If the property constitutes a "Common Interest Development" as defined in California
Civil Code Section 1351«:1) 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 Civil Code Section 1351(h», and (ii) the
-3-
Common Area ofthe property (including the private storm water treatment facilities) is managed and
controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private storm water treatment 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 subdivision 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 provide 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 have the right to alter, maintain or repair any of the Common Area (as
defined in California Civil Code Section 13 51 (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.
15. The maintenance provisions of this Agreement shall establish monitoring of storm
drainage systems to include:
Long term inspection and maintenance on a bi-annual basis.
Follow-up storm inspection and maintenance within 72 hours ofa major storm as
defined by the u.S. Weather Service.
IN WITNESS WHEREOF, the parties have executed this Agreement
This ~fJ day of ¥ \ ,20~
DEVELOPER: ( . /ú my//;w; (I{ {t'/"7 ¡,~/~ {. TV
~t~~
(PrintName)~(~~
~(,A ~ ._~
(Pnnt Name) '~"lo. W<-,Ú, \J
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgment.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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: County of Qx\ l~_-- - - nn_- . I
I On ¥ I ~ }~,Q?~ ' before me,: 'D~ ~T~I~~~;d9~,~P~~~"""¿!I-n
I personally appeared .Qþu + A '__~k..lf--tL- BokJ q. LU.c.ido ---,
I ",me", of 5'9""'1
'Ii:: personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) 'i¡(lare
~ - - - - - - ¡;AL-;S:;C~ - - ~ subscribed to the within instrument and
acknowledged to me that ~/they executed
~ Comm"siooN 12M5C7 the same in ~/their authorized
i '.!. . Natay PublIc - Califaria ~ capacity(ies), and that by his/her/their
San Di<'go Count(
j - - - ~-==-':-':.=S_~l;.~t 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.
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PI,w Nnl"y Ss~,1 "m..,
OPTIONAL
Though the mformation below IS not mqUtted by law. tI may prove valuable to petsons telying on the document
and could prevent fraudulenl removal and reattachmenl of this form to another document
Description of Attached Document
Title or Type of Document --. --------------n------------
Document Date. -.-.--- Number of Pages ----
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Capacity(ies) Claimed by Signer
Signer's Name'
I I Individual
I I Corporate Officer - Title(s). ---..._-_._------_..-
! I Partner - Limited General
I I Attorney in Fact
Trustee
I Guardian or Conservator
Other
Signer Is Representing'
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EXHIBIT "B"
(Property Legal Description for -~ 01-143)
~a~e 1 DESCRIPTION
P_Z\.RCEL A: (-"PN 264-151-36)
THE SOUTHWESTERLY 165.00 FEET OF mE SOUTHEASTERLY 295.00 FEET OF TP.AT PORTION
OF LOT 18 OF THE SUBDIVISION OF TdE RANCHO L.".S ENCINITAS IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIIEREOF
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
27, 1898, DESCRIBED IN DEED TO FRED REVA AND DORIS REVA, HUSBAND AND WIFE, AS
JOINT TENANTS, RECORDED NOVEMBER 20, 1969, AS FILE NO. 212922, OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY.
RESERVING THEREFROM AN &".SEMENT FOR ROAD AhTI UTILITY PURPOSES OVER, UNDER, ALONG
AND ACROSS THE SOUTHEASTERLY 30.00 FEET.
PARCEL B: (APN 264-151-38, 39, 40, 41)
P_Z\.RCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 8228, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE CO~~Y RECORDER OF
SAN DIEGO COUNTY, DECEMBER 29, 1978.
RESERVING THEREFROM AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ÞLONG
AND ACROSS THOSE PORTIONS OF SAID PÞ~CEL MAP NO. 8228, DELINEATED AND DESIGNATED
TIIEREON AS "PROPOSED 30' PRIVATE ROAD EASEMENT".
PARCEL C,
AN EASEMENT -~TI RIGHT OF WAY FOR ROAD Þ~ PUBLIC UTILITY PURPOSES, OVER, millER,
ALONG AND ACROSS A STRIP OF LAND 20. 00 FEET IN WIDTH SAID 20.00 FOOT STRIP OF
L.'L"ID LYING SOUTHRZ>.STERLY OF AND IMMEDIATELY _ZillJOINING -". LINE DESCRIBED AS
FOLLOWS,
COMMENCING AT A POINT ON THE EAST LINE OF SAID LOT 18, DISTANT THEREON SOUTH
3°15'00" EAST 328.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT BEING
POINT "A" OF THIS DESCRIPTION; THENCE CONTI",uING ALONG SAID EAST LINE SOUTH
3°15'00" EAST 450.00 FEET TO THE MOST NORTHERLY CORNER OF LA!>;]) CONVEYED TO LOS
ANGELES PRESSED BRICK COMP-".NY, A CORPORATION, BY DEED DATED WIRCH 3, 1922 MTD
RECORDED IN BOOK 875, PAGE 334 OF DEEDS; THENCE SOUTH 58°45' WEST ALONG THE
NORTHWESTERLY LINE OF SAID LAND 430.14 FEET (RECORD 428.8 FEET MORE OR LESS) TO
THE MOST NORTHERLY CORNER OF WUID CONVEYED TO RAYMOND C. APPEL ET UK, BY DEED
RECORDED MAY 20, 1964 SERIES 5, BOOK 1954, AS FILE NO. 90758 OF OFFICIAL RECORDS
AND THE TRUE POINT OF BEGINNING; THENCE NORTh"~STERLY IN A STRAIGHT LINE TO AN
INTERSECTION WITH A LINE THAT BEÞ~S SOUTH 81°02'54" WEST 720.00 FE"T FROM SAID
POINT "A".
THE SIDE LINES OF SAID 20.00 FOOT STRIP OF L.".ND SHALL BE PROLONGED OR SHORTENED
AS TO TERMINATE ON THE NORTH WITII A LINE BEARING SOUTH 81"02'54" ¡OŒST AND ON THE
SOUTH WITH THE NORTh "WESTERLY LurE OF LAND CONVY"D TO SAID R".YMOND C. Þ.PPEL.
PARCEL D,
AN EASE~illNT FOR ROAD AND UTILITY PURPOSES Ov~R, UNDER, ALONG AND ACROSS A STRIP
OF LAND 30.00 FEET IN WIDTH OVER T!'.AT PORTION OF LOT 18 OF THE SUBDIVISION OF
THE RANCHO LAS ENCINITAS, IN TH" CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE MAP TH"R"OF NO. 848, FILED IN THE OFFICE OF THE
RECORDER OF SÞ.N DIEGO COUNTY, JU1Œ 2 7, 1898, THE SOUTHEASTERLY LINE OF SAID
Page 2 DESCRIPTION
30. 00 FOOT STRIP OF LAND BEING DESCRIBED _'.S FOLLOWS:
COMMENCING AT THE INTERSECTION OF TEE CENTER LI~~ OF 12TH STREET, IF EXTENDED,
WITH THE CENTER LINE OF "J" STREET AS SAID STREETS ARE SHOWN ON THE M.J\.P OF THE
COLONY OF OLlVENF~IN, BEING ON MAP NO. 326, FILED IN TEE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THENCE NORTH 14'18' EAST PARALLEL
WITH AND DISTANT 40.00 FEET ,,'ESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF
SAID COLONY OF OLIV~~1{AIN 1581.70 FEET TO THE CENTER LINE OF 14TH STREET, AS
SHOWN ON SAID MAP OF COLONY OF OLIVEN'BAIN SAID POINT BEING THE SOUTHWESTERLY
LINE OF PARCEL 1 OF LAliD DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED
RECORDED NOVEMBER 24, 1964, SERIES 5, BOOK 1964 AS FILE NO. 213763 OF OFFICIAL
RECORDS; THENCE _'.LONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS hZUID AND ALONG THE
CENTER LINE OF 14TH STREET NORTH 75'20'35" WEST (RECORD NORTH 75'38' WEST) 60.00
FEET TO THE MOST SOUTHERLY CORNER OF hZUID CON'VEYED TO RAYMOND C. APPEL ET UX, BY
DEED RECORDED MAY 20, 1964, SERIES 5, BOOK 1964 AS FILE NO. 90768 OF OFFICIAL
RECORDS, THENCE NORTH 14'36'33" EAST (RECORD NORTH 14018' EAST) ALONG THE
SOUTHEASTERLY LINE OF SAID Uili1D 250.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 14036' 33" EAST (RECORD NORTH 14' 18' EAST) ALONG THE
SOUTHEASTERLY LINE OF SAID APPEL'S LAND 289.03 FEET MORE OR LESS TO THE
SOUTHERLY LINE OF PARCEL 1 ABOVE.
THE SIDE LINES OF SAID 30.0oF FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SO AS TO TERMINATE IN THE SOUTH LINE OF PARCEL 1 Þ.BOVE AND ON THE SOUTH WITH A
LINE BEARING NORTH 75°23'27" WEST.
PARCEL E:
AN ~J\.SEMENT FOR ROAD AND UTILITY PURPOSES, OVER, UNDER, ALONG AND ACROSS A STRIP
OF h"_'ID 30.00 FEET IN WIDTH OVER TFl!\.T PORTION OF LOT 18 OF THE SUBDIVISION OF
THE R..7lliCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS, COLTNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE VlliP THEREOF NO. 848, FILED IN THE OFFICE OF THE
RECORDER OF SÞ.ID SAN DIEGO COUNTY, JUNE 27, 1898, THE NORTnffESTERLY LII~ OF SÞ.ID
30.00 FOOT STRIP OF h1\.ND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF TEE CENTER Ln~ OF 12TH STREET, IF EXTENDED,
WITH THE CENTER LINE OF "J" STREET AS S..7lID STREETS ARE SHOWN IN THE MAP OF THE
COLONY OF OLlVENF~IN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THENCE NORTH 14°18' EAST PARALLEL
WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 M'D 87 OF
SF_ID COLONY OF .OLIVENHAIN 1581.70 FEET TO THE CENTER LINE OF 14TH STREET, Þ_S
SHOw~ IN SAID K~ OF COLONY OF OLlVEI~IN SAID POINT BEING THE SOUTHWESTERLY
LINE OF PA.~CEL 1 OF LAND DESCRIBED IN DEED TO THOMÞ.S B. CLEMMONS ET UX, BY DEED
RECORDED NOVEMBER 24, 1964, SERlE 5, BOOK 1954 AS FILE NO. 213763 OF OFFICIF~
RECORDS, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAl1D MID ALONG
THE CENTER LINE OF 14TH STREET NORTH 75°20'35" WEST (RECORD NORTH 75°38' WEST)
60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO R'\.YMOND C. ".PPEL ET
UX, BY DEED RECORDED MAY 20, 1964 SERIES 5, BOOK 1964 AS FILE NO. 90758 OF
OFFICIÞL RECORDS AND THE TRUE POINT OF BEGI~'NING OF THE HEREIN DESCRIBED LII~,
THENCE NORTH 14°36'33" EAST (RECORD NORTH 14°18' EAST) ALONG THE SOUTHRASTERLY
LINE OF SAID LÞ.ND 30.00 FEET TO THE END OF SAID LI~~.
PARCEL F:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE
EASTERLY 60.00 FEET OF THE FOLLOWING DESCRIBED h".ND:
~age 3 DESCRIPTION
THAT PORTION OF LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ~~
THEREOF NO. 842, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 27, IB96, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET IF EXTENDED,
WITH THE CENTER LINE OF "J" STREET, AS SAID STREETS ARE SHOWN ON THE MAP OF THE
COLONY OF OLIVENRAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF THE COú~TY
RECORDER OF SAN DIEGO COUNTY, JULY 8, IBB5; THENCE NORTH 14'lB' EAST PARALLEL
WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF
SAID COLONY OF OLlVENRAIN 990.00 FEET TO THE TRUE POINT OF BEGI:N~ING; THENCE
CONTINUING NORTH 14'18' EAST 591.70 FEET TO THE CENTER LINE OF 14TH STREET, AS
SHOWN ON SAID MAP OF COLOß~ OF OLI\Œ1CRAIN; THENCE NORTH 75'38' WEST l'LONG THE
WESTERLY PROLONGATION OF SAID CENTER LINE 5B7.00 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF THE h~ DESCRIBED IN DEED TO HORACE C. PHILLIPS, ET UX,
RECORDED JANUARY 16, 1958, AS DOCUMENT NO. 7810 IN BOOK 6910, PAGE 17 OF
OFFICIAL RECORDS; THENCE SOUTH 14'lB' WEST ALONG SAID WESTERLY LINE TO A LINE
WHICH BK'illS NORTH 75'52' WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
74'52' EAST TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION WHICH LIES SOUTHERLY OF THE CENTER LINE OF THE
PRESENTLY TRAVELED ROO.D AS SAID RO_W EXISTED ON AUGUST 31, 1959.
PARCEL G:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH OVER TH2\.T PORTION OF LOT 18
OF RANCHO h~S ENCINITAS, IN THE CITY OF ENCINITO.S, COUNTY OF SAN DIEGO, STATE OF
CÞLIFORNL~, ACCORDING TO THE MAP THEREOF NO. 84B, FILED IN THE OFFICE OF THE
RECORDER OF SAID SAN DIEGO COUNTY JUNE 27, IB9B, Sl'_ID 30.00 FOOT STRIP OF LAND
LYING 30.00 FEET WESTERLY AND IMMEDIATELY ADJOINING -~ LINE DESCRIBED AS FOLLOWS,
CO~1ENCING AT A POINT ON THE EAST LINE OF SAID LOT 18, DISTANT THEREON SOUTH
3'15'00" EAST 328.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; THENCE SOUTH
Bl'02'54" WEST 720.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY
IN A STRAIGHT LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT 18, DISANT
THEREON SOUTH 85'45' WEST 802.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT.
THE SIDE LINES OF SAID 30.00 FOOT STRIP OF h~ SHALL BE PROLONGED OR SHORTElfED
AS TO TERMINATE IN THE NORTHERLY LINE OF SAID LOT 18 AND ON THE SOUTH WITH A
LINE BE~.1UNG SOUTH 81'02'54" WEST.
PA..."-CEL H:
AN K~SEMENT AND RIGHT OF WAY FOR ROAD PURPOSES O"JER, ALONG OJ~ ACROSS A STRIP OF
LAND 30.00 FEET IN WIDTH LYING WITHIN LOT IB OF THE SUBDIVISION OF RÞNCHO LAS
ENCINIT_~S, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MåP THEREOF NO. 84B, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
S.~ DIEGO COú~TY, JUNE 27, 1898, THE NORTHERLY LINE OF SAID 30.00 FOOT STRIP
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE E~STERLY LINE OF SAID LOT 18, DISTANT THEREON SOUTH
03'15'00" EAST. 328.00 FEET TO THE NORTHE~STERLY CORNER OF SAID LOT 18; THENCE
Page 4 DESCRIPTION
SOUTH 81'02'54" WEST, 720.00 FEET TO THE NORTHEASTERLY CORNER OF THE LAÑu
DESCRIBED IN DEED TO FRED REVA ET UX, RECORDED NOVEMBER 20, 1969 AS FILE NO.
212922 AND BEING THE TRUE POINT OF BEGINNING OF SAID STRIP; THENCE ALONG THE
NORTHERLY LINE OF SAID LAÑu TO AND ALONG THE NORTHERLY LINE OF THE LAND
DESCRIBED IN DEED TO DOROTHY S. KLIPP, RECORDED JANUARY 3, 1973 AS FILE NO,
73-001420, AND TO AND ALONG THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO
D-"JffiELL W. SHELBURNE, ET UX, RECORDED JANUARY 3, 1973 AS FILE NO. 73-001447,
940.91 FEET TO THE WESTERLY LINE OF SAID SHELBURNE'S h~. SAID STRIP TO
TERMINATE EASTERLY ON THE EASTERLY LINE OF SAID REVA'S LAND AND TO TERMINATE
WESTERLY ON THE II'ESTERLY LINE OF S_,,"ID SHELBUR..>Œ'S LAND.
EXCEPTING THERE FROM THAT PORTION OF THE ABOVE DESCRIBED R,,"SEMENT LYING EASTERLY
OF THE EASTERLY LINE OF LAND DESCRIBED IN DEED TO DOROTHY S. KLIPP.