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1991-19 . . . H ;) ~ 1../- I to 0 - 3, , RESOLUTION NO. OL-91-019 A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP (91-042-TPM/EIA) AND CERTIFYING A NEGATIVE DECLARATION FOR PROPERTY LOCATED ON THAT PORTION OF LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE CITY OF ENCINTIAS, COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER, AND AS FURTHER DESCRIBED IN ATTACHMENT "A" WHEREAS, Kenneth D . submi tted a and Christine A. Smith, Tentati ve Parcel Map application as required by the City of Encinitas Subdivision Ordinance, for the purpose of subdividing one 2.36 net acre site into three lots of .58, 1.24, and .54 net acres respectively; and WHEREAS, public hearings were conducted by the Olivenhain Communi ty Advisory Board on July 2, and September 3, 1991, as required by law, and all persons desiring to be heard were heard. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas, that the proposed Tentative Parcel Map for property as described in Attachment "A", is hereby approved based upon the following findings: a. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans since the project is in conformance with the General Plan designation for the site. c. That the site is physically suitable for that type of development, in that the three parcels are proposed to be developed in single family dwelling units which is consistent with the RR-2 zoning designation and development standards for the site. LN/CAB46-323wp (8/27/91) . . . d. That the site is physically suitable for the proposed density of development, since the topography and design of the lots which includes open space easements over the steep slopes can be adequately accommodated as proposed. e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, and a Negative Declaration is hereby certified for the Tentative Parcel Map (91-042-TPM/EIA) on this date, September 3,1991, and is on file in the Department of Planning and Community Development. f. That the design of the subdivision or type of improvements is not likely to cause serious public health problems, since documentation has been obtained stating that utilities shall be available for the site, and that the subject site shall annex into the Cardiff Sanitation District. g. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 91- 042-TPM dated revised and received by the City on September 5,1991 and was reviewed and modified at the meeting of September 3, 1991 is hereby approved subject to the following conditions: SEE ATTACHMENT "B" LN/CAB46-323wp (8/27/91) . . . following vote, to wit: PASSED AND ADOPTED this 3rd day of September, 1991, by the Ayes: Boardmembers Perkins, VanSlyke, and Schafer Nays: None Absent: Boardmembers Post and DuVivier Abstain: None ATTEST: d iI ~aG c-1V ;4J3v Lin a S. Niles // Associate Planner LN/CAB46-323wp (8/27/91) --. , B AN SCHAFER, Vice-Chairman of the Olivenhain Community Advisory Board J . . . Applicant: Case No: Subject: Location: STANDARD CONDITIONS ATTACHMENT "B" Kenneth D. and Christine A. Smith 91-042-TPM/EIA Tentative Parcel Map Application and Environmental Negative Declaration for the Subdivision of 2.36 net acres into 3 single family residential lots. Property located at 2920 Lone Jack Road. THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL MAP IS APPROVED BY THE OLIVENHAIN COMMUNITY ADVISORY BOARD AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP, INCLUDING DISTANCES. 1. A. B. C. D. E. GENERAL CONDITIONS This approval will expire in two years, on September 3, 1993, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. Permits from other agencies will be required as follows: i. ii. Cardiff Sanitation District Olivenhain Municipal Water District LN/CAB46-323wp (8/27/91) . . . F. Project is approved as submitted as evidenced by the map dated revised and received by the City on September 5, 1991 and signed by a City Official as revised and approved by the Olivenhain Community Advisory Board on September 3, 1991 and shall not be altered without Planning and Community Development Department review and approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. For new residential dwelling unit (s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. Arrangements to pay these fees shall be paid: a. Prior to recordation of the final map; or b. Prior to building permit issuance. as determined applicable by the Community Development Department. Planning and B. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. C. A site specific geotechnical investigation will be required when development plans (i.e., building plans) are submitted to the City for approval. D. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Department prior to issuance of any permits regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. E. Design Review shall be required for the design of thè homes in accordance with the standards set forth in the Design Review Ordinance. LN/CAB46-323wp (8/27/91) . . . F. G. H. A trail in the right-of-way of Lone Jack Road shall be dedicated and improved with a landscape strip between the trail and the travel way, as required by the approved City of Encinitas Trail Standards. A private open space easement shall be required over the portions of Parcel 2 and 3 as shown on the revised map approved at the meeting of September 3, 1991. Minor recreational use structures such as decks or gazebos shall be allowed to be placed on the south east portion of Parcel 2 designated as restricted use open space, and shown on the abovementioned approved map. The eastern boundary of lot 2 shall have a 20' buffer zone where no grading for structures is to occur. Any structures beyond the buffer area are to be on poles and limited to gazebo or deck type structures with no grading required. Minimal grading may be allowed with review and approval by the Director of Community Development if necessary to accomplish such things as planting for an orchard type use, with consideration that the intent is to retain as much as possible the natural terrain and existing native vegetation, or the orchard type planting often found in the rural residential zones. The planhandle portion of Parcel 3 shall be allowed to be blocked off to prevent access. The plan for the blockade shall be reviewed and approved by the City Engineer. A wood rail type fence shall be required. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 4. FIRE A. B. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. Submit a letter from the Encinitas Fire District stating satisfaction with the type and location of fire hydrants and the minimum required water flow in gallons per minute together with a letter from the appropriate agency LN/CAB46-323wp (8/27/91) . . . G. H. certifying that the fire department's minimum required water flow is available to serve the site. Provisions shall be made to ensure a maximum water pressure at the fire hydrant of 250 psi. The installation of a pressure reducing station may be required. Fire hydrants shall be of a bronze type and shall be identified by installing a "blue" reflective dot on the street surface pursuant to Fire District standards. c. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. D. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. E. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. F. The unobstructed width of a fire access roadway shall be not less than 24 feet where possible, and allowed to be 20' where 24' cannot be accomplished. Review and approval of the private road improvements shall be required to the satisfaction of the City Engineer and the Eninitas Fire Protection District. Grade: The gradient for a fire apparatus access roadway shall not exceed a percent of slope approved by the Encinitas Fire Protection District. The angle of departure and approach shall not exceed the maximum approved by the Chief. Gates: All automatic gates across fire access roadways shall be equipped with approved emergency key operated swi tches overriding all command functions and opening the gates. Gates accessing more than three residences or residential lots shall also be equiped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus. All automatic gates must meet Fire Department policies deemed necessary by the Chief for rapid reliable access. LN/CAB46-323wp (8/27/91) . . . 1. Turnarounds: All dead-end fire access roads in excess of 150 feet in length shall be provided with a cul-de-sac with a radius of not less than 40 feet. Where topography would prevent the construction of a cul-de-sac, an alterntive turn-around approved by the Fire Chief may be installed. J. All designated emergency access roads shall be posted pursuant to Fire District Standards. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. RECREATION A. The developer shall pay the Park Fee at the established rate at the date of final inspection or the date of the certificate of occupancy, whichever occurs later. B. Recreational trails shall be dedicated to the City of Encinitas and improved through the project site as shown on the map dated revised and received September 5, 1991 and reviewed and revised at the meeting of September 3, 1991, to the satisfaction of the Director of Community Services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. GRADING A. No grading permits shall be issued for this subdivision prior to recordation of the final map, unless approved by the Director of Planning and Community Development and the Director of Public Works. B. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. C. The grading for this project is defined by Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. LN/CAB46-323wp (8/27/91) . . . 7. D. No grading shall occur outside the limits of the Project unless a letter of permission is obtained from the owners of the affected properties. E. All newly created slopes within this project shall be no steeper than 2:1. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. F. G. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. H. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Ci ty Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the Ci ty Engineer may impose with regards to the hauling operation. DRAINAGE A. B. C. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. Concentrated flows across driveways shall not be permitted. and/or sidewalks The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope LN/CAB46-323wp (8/27/91) . . . 8. F. erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and 'types suitable to the City Engineer. STREET CONDITIONS AND SIDEWALKS A. A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: "The existing private roads of access to the project are within the easements for the benefit of the land division". B. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the (TENTATIVE MAP/SITE DEVELOPMENT PLAN). The offer shall be made (BY A CERTIFICATE ON THE FINAL MAP/PRIOR TO ISSUANCE OF ANY BUILDING PERMIT) for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. C. Adequate right-of-way shall be dedicated by the developer along the subdivision frontage based on a center line to right-of-way width of 51 feet and in conformance with City of Encinitas Standards for SA 680. D. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. E. Prior to any work being performed in the public right-of- way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. The design of all private streets and drainage systems shall be approved by the City Engineer prior to (APPROVAL OF THE FINAL MAP) for this project. The structural section of all private streets shall conform to City of Encini tas Standards based on R-value tests. The standard improvement plan check deposit is required. LN/CAB46-323wp (8/27/91) . . . G. Improvements constructed within the present or future public right-of-way shall be considered temporary. Applicant shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 9. 10. Utilities A. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. B. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. C. All proposed utilities within the project shall be installed underground including existing utili ties unless exempt by the Municipal Code. D. The developer shall be responsible for the relocation and undergrounding of existing public utili ties, as required. E. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. STANDARD Code) MAP CONDITIONS (Chapter 24.16 of the Municipal A. This project will be approved specifically as 1 (single) phase. LN/CAB46-323wp (8/27/91) . . . ... 'ì ,"" ~1 r: 1< I ,'- ' (, '1 , " ORDER NO. 973723-14 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: 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 MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, 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 OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 14°18'00" EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN 1,581.70 FEET TO THE' CENTER LINE OF 14TH STREET,' AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS!B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964 AS FILE NO. 219763 OF OFFICIAL RECORDS; ,THENCE ALONG "THE BOUNDARY LINE OF SAID CLEMMONS' LAND SOUTH 75°20'35" EAST, 256.77 FEET (RECORD SOUTH 75°38'00" EAST, 259.80 FEET), TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH 02°59'54" WEST (RECORD NORTH 03°15'00" WEST), 459.43 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID CLEMMONS' LAND AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 75°20'35" EAST, 250.00 FEET (RECORD 253.12 FEET) TO THE EAST LINE OF SAID LOT ,18; THENCE NORTH 02°59'54" WEST (RECORD NORTH 03°15'00" WEST), ALONG SAID EAST LINE 426.57 FEET TO MOST NORTHERLY CORNER OF PARCEL 1 OF SAID CLEMMONS' ,LAND i THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND SOUTH 59°00'06" WEST, 426.80 FEET (RECORD SOUTH 58°45'00" WEST, 428.8 FEET), MORE OR LESS, TO THE MOST NORTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET UX, BY DEED RECORDED MAY 20, 1964 AS FILE NO. 90768 OF OFFICIAL RECORDS; THENCE SOUTH 14°36'33" WEST (RECORD SOUTH 14 ° 18' 00" WEST), ALONG THE SOUTHEASTERLY LINE OF SAID APPEL'S LAND 239.03 FEET TO A POINT THAT IS DISTANT NORTH 14°36'33" EAST, (RECORD NORTH 14°18'00" EAST), 300.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LAND; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 75 ° 23' 27" EAST, 30.00 FEET TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 61 ° 3 6' 49" WEST, FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61°36'49" EAST, 201.82 FEET TO THE TRUE POINT OF BEGINNING. PAGE 9 . . . .:.,"\ ;\ ~t L 1< I ~" C,'/ "- ~ ,I ORDER NO. 973723-14 PARCEL 2: 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 MAP THEREOF NO. 848 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, THE EASTERLY AND NORTHEASTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND BEING 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 OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 14°18'00" EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1,581. 70 FEET TO THE CENTER LINE OF 14TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964 AS FILE NO. 213763 OF OFFICIAL RECORDS; THENCE NORTH 75°20'35" WEST (RECORD NORTH 75°38'00" WEST), ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND, 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET UX, BY DEED RECORDED MAY 20, 1964 AS FILE NO. 90768 OF OFFICIAL RECORDS; THENCE NORTH 14,° 3 6' 33" EAST (RECORD NORTH, 14 ° 18 '00" EAST), ALONG THE SOUTHEASTERLY LINE OF SAID APPEL'S LAND, 300.00 FEET; THENCE SOUTH 75°23'27" EAST, 30.00 FEET; THENCE NORTH 61°36'49" EAST, 171. 82 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 11°19'45" EAST, 187.06 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 1 OF SAID CLEMMONS' LAND; THENCE SOUTH 02°59'54" EAST (RECORD SOUTH 03°15'00" EAST), ALONG THE SOUTHEASTERLY LINE OF SAID LAND, 261.48 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND. THE WESTERLY AND SOUTHWESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AS TO TERMINATE ON THE SOUTH IN THE SOUTH LINE OF PARCEL 1 OF SAID CLEMMONS' LAND AND ON THE NORTH WITH A LINE THAT BEARS SOUTH 61 ° 3 6' 49" WEST FROM THE TRUE POINT OF BEGINNING. ' EXCEPTING FROM SAID PARCELS 1 AND 2, 50% OF ALL OIL, GAS, PET~OLEUM, AND OTHER HYDROCARBON SUBSTANCES AS RECEIVED BY GLADDING, MC BEAN & COMPANY, A CORPORATION, BY DEED RECORDED JANUARY 16, 1958 IN BOOK 6910, PAGE 17 OF OFFICIAL RECORDS. PAGE 10 . . . ,,'\ ,-\. \1 I. /( I ~' C' , '1 ~I ORDER NO. 973723-14 PARCEL 3: 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 MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF 14TH STREET ADJOINING LOT 88 ON THE NORTH OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12 STREET, IF EXTENDED, WITH THE CENTER LINE OF "J" STREET, AS SAID STREETS ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN; THENCE NORTH 14°18'00" EAST, PARALLEL WITH AND DISTANT 40.00 FEET WEST FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN 1,581.70 FEET TO THE CENTER LINE OF SAID 14TH STREET; AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964 AS FILE NO. 213763 OF OFFICIAL RECORDS; THENCE SOUTH 75°20'35" EAST (RECORD SOUTH 75°38'00" EAST), ALONG THE CENTER LINE OF SAID 14TH STREET AND ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND 256.77 FEET (RECORD 259.30 FEET), TO THE MOST SOUTHERLY CORNER OF SAID LAND AND THE TRUE POINT OF BEGINNING; THENCE NORTH 02°59'54" WEST (RECORD NORTH 03°15'00" WEST), ALONG THE EASTERLY LINE OF SAID CLEMMONS' LAND 31. 48 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 30.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, TO THE CENTER LINE OF SAID 14TH STREET; THENCE SOUTH 75°20'35" EAST, ALONG SAID PARALLEL'LINE, 250.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 05°59'54" EAST (RECORD SOUTH 03 ° 15' 00" EAST), ALONG SAID EAST LINE 31. 48 FEET TO THE CENTER LINE OF 14TH STREET; THENCE SOUTH 75 ° 20' 35" EAST (RECORD SOUTH 75°38'00" EAST), ALONG SAID CENTER LINE TO THE EXISTING COUNTY ROAD; THENCE SOUTHWESTERLY ALONG SAID COUNTY ROAD TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, TO THE CENTER LINE OF SAID 14TH STREET; THENCE NORTH 75°20'3511 WEST, ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS DRAWN PARALLEL WITH AND 30.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, TO THE EASTERLY LINE OF SAID LOT 18; THENCE NORTH 02°59'54" WEST, ALONG SAID PARALLEL LINE, TO THE CENTER LINE OF SAID 14TH STREET; THENCE NORTH 75°20'35" WEST (RECORD NORTH 75 ° 3 8 ' 00" WEST), ALONG SAID CENTER LINE TO THE TRUE POINT OF BEGINNING. PAGE 11 . . . ,', ,\ ~I E J( / ~." (' , '/ ~I ORDER NO. 973723-14 PARCEL 4: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS 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 MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED, WITH THE CENTER LINE OF "JII STREET AS SAID STREETS ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 14°18'00" EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN 1, 581. 70 FEET TO THE CENTER LINE OF 14 TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964 AS FILE NO. 213763 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND AND ALONG THE CENTER LINE OF 14TH STREET NORTH 75°20'35" WEST (RECORD NORTH 75°38'00" WEST), 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET"UX, BY DEED RECORDED MAY 20, 1964 AS FILE NO. 90768 OF OFFICIAL RECORDS; THENCE NORTH 14°56'33" EAST (RECORD" NORTH 14°18'00" EAST), ALONG THE SOUTHEASTERLY LINE OF SAID LAND 300.00 FEET; THENCE SOUTH 75°23'27" EAST, 30.00 "FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61°36'40" EAST, 171.82 FEET; THENCE SOUTH 11°19'45" EAST, 31.38 FEET; THENCE SOUTH 61 ° 3 6 ' 49" WEST, TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 14 ° 3 6' 33" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 14°36'33" EAST, 41.02 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN PARCEL 2 ABOVE. PARCEL 5: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH OVER 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 MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, THE NORTHWESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND BEING 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 OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 14°18'00" EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WES~ERLY LINE OF LOTS 83 AND 87 OF SAID Co.LONY PAGE 12 . . . ,'<; A ~I t H I ~ ., (' , 'I ~ ,I ORDER NO. 973723-14 OF OLIVENHAIN 1,581. 70 FEET TO THE CENTER LINE OF 14TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964 AS FILE NO. 213763 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND AND ALONG THE CENTER LINE OF 14TH STREET NORTH 75°20'35" WEST (RECORD NORTH 75°38'00" WEST), 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET UX, BY DEED RECORDED MAY 20, 1964 AS FILE NO. 90768 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE NORTH 14°36'33" EAST (RECORD NORTH 14°18'00" EAST), ALONG THE SOUTHEASTERLY LINE OF SAID LAND 300.00 FEET TO THE END OF SAID LINE. PARCEL 6: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EASTERLY 60.00 FEET OF THE FOLLOWING DESCRIBED LAND: 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 MAP THEREOF.NO. ,848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12 STREET,! IF EXTENDED, WITH THE CENTER ,LINE OF "J" STREET, AS SAID' STREETS ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 14°18'00" EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 990.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 14 ° 18' 00" EAST, 591. 70.- FEET TO THE CENTER LINE OF 14TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN; THENCE NORTH 75°38'00" WEST, ALONG THE WESTERLY PROLONGATION 'OF SAID CENTER LINE, 587.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO HORACE G. PHILLIPS, ET UX, RECORDED JANUARY 16, 1958 IN ,BOOK 6910, PAGE 17 OF OFFICIAL RECORDS; THENCE SOUTH 14°18'00" WEST, ALONG SAID WESTERLY LINE, TO A LINE WHICH BEARS NORTH 74°52'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 74°52'00" EAST'TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION WHICH LIES SOUTHERLY OF THE CENTER LINE OF THE PRESENTLY TRAVELLED ROAD AS SAID ROAD EXISTED ON AUGUST 31, 1959. PAGE 13