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IIIIIII
505 South Vulcan Avenue )
Encinitas, CA 92024
Space above for recorders use only
JAN 04, 2011 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 52.00
When Recorded Mail to: ) PAGES: 13
City Clerk 1111111111 IN IIII
City of Encinitas )
Recording Requested By: )
) - r
City Engineer )
PRIVATE ROAD AND DRAINAGE FACILITIES
MAINTENANCE AGREEMENT FOR TPM 05-167
Assessor's Parcel No.'s:
262-080-05'&'
62-080-05f& 262-080-06
05-167 TPM/CDP
10349-G/PM
THIS AGREEMENT for the maintenance and repair of that certain private access
drive and those private drainage facilities, the plat of which is set forth in Exhibit "B"
attached hereto and made a part hereof, is entered into by ETC, D.B.A. STERLING
TRUST CUSTODIAN FBO ANTHONY CARL ALBIN T000312 (current vested owner of
262-080-05), along with CARL G. STAHMER AND AUBYN C STAHMER HUSBAND
AND WIFE (current owners of 262-080-06) referred to as "Developer", for the benefit of
future subdivision lot owners who will use the private road easement, hereinafter
referred to as "owners", which shall include the Developer to the extent the Developer
retains any ownership interest in any lot or lots.
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
24.29.040; and
WHEREAS, Developer is the owner of certain real property being developed as
TPM 05-167 that will use and enjoy the benefit of said access drive. A complete legal
description of said real property is attached, labeled Exhibit "A" 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 access drive and
drainage facilities 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
maintenance and repair of said private access drive and drainage facilities and for the
apportionment of the expense of such maintenance and repair among existing and
future owners; and
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 lot
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 road easement and drainage
facilities shall be divided equally among the owners and paid by the owner or
the heirs, assigns, and successors in interest or each such owner.
3. The repairs and maintenance to be performed under this Agreement shall be
limited to the following unless the consent for additional work is agreed to by a
majority vote of the lot owners owning 100% of the number of units:
reasonable and normal road improvement and maintenance work to
adequately maintain said private access drive and drainage facilities to permit
all-weather access and conveyance of storm flows. Repairs and maintenance
under this Agreement shall include, but are not limited to, filling of chuckholes,
repairing cracks, repairing and resurfacing of roadbeds, repairing and
maintaining drainage structures, removing debris, maintaining signs, markers,
striping and lighting, if any, and other work reasonably necessary and proper to
repair and preserve the easement for all-weather road purposes.
4. If there is a covenant, agreement, or other obligation imposed as a condition of
subdivision approval to make private road improvements to the private road
easement, the obligation to repair and maintain the private road easement as
herein set forth shall commence when the private road improvements have
been completed and approved by the City.
5. Any extraordinary repair required to correct damage to said private access drive
or drainage facility that results from action taken or contracted for by 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 private access drive or drainage
facility to the condition existing prior to said damage.
6. 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. Developer further agrees that the agent may
at any time be replaced at the direction of a majority of the owners. Repair and
maintenance work on the private access drive and drainage facilities shall be
commenced when a majority of the owners agree in writing that such work is
needed. The agent shall obtain three bids from licensed contractors and shall
accept the lowest of said three bids and shall then initiate the work. The agent
shall be paid for all costs incurred including a reasonable compensation for the
agent's services, and such costs shall be added to and paid as a part of the
repair and maintenance costs; provided, however, that compensation for the
agent's services shall in no event exceed an amount equivalent to 10% of the
actual cost of repairs and maintenance 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 shall maintain a
trustee account and also maintain accurate accounting records which are to be
available for inspection by any party or authorized agent upon reasonable
request. All such records shall be retained by the agent for a period of five
years.
7. Should any owner fail to pay the pro rata share of costs and expenses as
provided in this Agreement, then the agent or any owner or owners shall be
entitled without further notice to institute legal action for the collection of funds
advanced on behalf of such lot owner in accordance with the provisions of
California Civil Code Section 845, and shall be entitled to recover in such
action in addition to the funds advanced, interest thereon at the current prime
rate of interest, until paid, all costs and disbursements of such action, including
such sum or sums as the Court may fix as and for a reasonable attorneys fees.
8. Any liability of the owners for personal injury to the 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, as between the owners in the same percentages as they bear
the costs and expenses of such repairs and maintenance. Each owner shall
be responsible for and maintain his own 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 the repairs
and maintenance undertaken under this Agreement. Each of the owners
agrees to 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.
9. 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 from 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 private access drive, 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 access drive or
drainage facilities.
10. Nothing in the Agreement, the specifications or other contract documents or
City's approval of the plans and specifications or inspection of the work is
intended to include a review, inspection acknowledgement 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.
11. The foregoing covenants shall run with the land and shall be deemed to be for
the benefit of the land of each of the owners and each and every person who
shall at anytime own all or any portion of the property referred to herein.
12. It is understood and agreed that the covenants herein contained shall be
binding on the heirs, executors, administrators, successors, and assignees of
each of the owners.
13. 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.
14. The terms of this Agreement may be amended in writing upon majority
approval of the owners and consent of the City.
15. 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.
16. If the Property constitutes a "Common Interest Development" as defined in
California Civil Code Section 1351(c) 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 Common Area of the property (including the private road
easement) is managed and controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and
maintain the private access drive and drainage 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 1351(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.
ACCEPTED AND AGREED BY:
Signature for C, d.b.a. Sterling Trust Custodian
FBO Anthony Carl Albin, T000312, Owner/Developer
Print Name
J
Carl . S~ahmgrAwner/Developer
CL$tahmer, Owner/Developer
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Date
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Date
Signature of OWNER/DEVELOPER must be notarized. Attach the appropriate
acknowledgement.
ALL-PURPOSE ACKNOWLED"- E
State of California
County of San Diego SS.
t
On f
VFti~ Cet%!t _ ! a0w before me, Ash Nickle, No
Public
(DATE) _ OX)TA RN`)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jolare
subscribed to the within instrument and acknowledged to me that he4&@4hey executed the same in
/their authorized capacity(ies), and that by h4.4i"/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ASH N(CKLE
rrnn Comm. # 1825273
V
NOTAR
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!
Y PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
j
,MY Comm. EXP. DEC 26, 2012
Effective January 1, 2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189, rather than "substantially" in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change, but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not changed
(Civil Code § 1189(c)).
WITNESS my hand and official- seal.
NOTAWS SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
RIGHT THUMBPRINT
OF
SIGNER
OTHER
0
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0
0.
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DESCRIPTION OF ATTACHED DOCUMENT
mla~"6'~4'e h-am 0--r
TITLE OR TYPE , OCUME T
NUMBER OF PAGES
DATE OF DOCUMENT
APA5/99 n(00-i62-3369
Notary
T
State of wCl s
) SS:
1
County of i )1 ,1 )
Before me, a notar public in and for said county and state, personally appeared
t t C , who acknowledges that he/she did execute the foregoing
inst ent on behalf o€A911 VII:]' A ~ and that the same was his/her free
act & deed.
IN WITNE~S WHEREOF, I have hereunto set my hand and official Seal this
. f,I -f
day of 6)a 4',~~ r r , 2010.
My commission expires:
Notary Public
DEEA ND~REA_'N.OODAFT
MY coMMISSION EXPIRES
' December 4, 2011
ATTACHMENT "A"
LEGAL DESCRIPTION
PARCEL 1: CA l- tJ)
THE NORTHERLY 240.00 FEET (MEASURED ALONG THE EASTERLY LINE), OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF A LINE DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE EASTERLY LINE OF
THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG SAID EASTERLY LINE SOUTH 00°09'09" WEST, 420.00 FEET
TO THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE
SOUTH 89°41'50" EAST, 33.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE
PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05" WEST,
420.00 FEET TO THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS THE WESTERLY 31.59 FEET OF THE EASTERLY 400.00 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 4 HEREINAFTER
DESCRIBED.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE WESTERLY 920.00
FEET OF SOUTHEAST QUARTER OF THE NORTHEAST QUARTER.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF THE EASTERLY 360.00 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
THE EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO BE APPURTENANT
TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OR ALL
OR ANY PORTION OF THE SOUTHERLY 300.00 FEET OF THE NORTHERLY 720.00 FEET
OF THE WESTERLY 921.08 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
PARCEL 4:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY
LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY
920.00 FEET SOUTH 00°09'09" WEST, 420.00 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH
89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID
SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50" WEST, 31.59 FEET TO THE
POINT OF BEGINNING.
PARCEL 5:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THE WESTERLY 40.00 FEET OF THE EASTERLY 400.00 FEET OF THE
SOUTHERLY 600.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ANY PORTION HEREIN DESCRIBED WHICH IS INCLUDED
WITHIN PARCEL 2 HEREINABOVE DESCRIBED
APN: 262-080-05
PARCEL A: ('KA'l M ER~
THE SOUTHERLY 240.00 FEET OF THE NORTHERLY 480.00 FEET (SAID DIVISION
MEASURED ALONG THE EASTERLY LINE) OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THE WESTERLY 921.08 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY AND WESTERLY
OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHERLY 420.00 FEET OF THE
WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE ALONG THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET
OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SOUTH 89°41'50"
EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION
23, NORTH 00°03'05" WEST, 420.00 FEET TO THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY TO CONSTRUCT, USE, MAINTAIN, OPERATE,
ALTER, ADD TO, REPAIR, REPLACE AND RECONSTRUCT A ROAD, DRIVEWAY OR THE
LIKE AND/OR FOR UTILITIES AND SEWER PIPE, FOR THE PURPOSE OF GAINING
ENTRY AND EXIT, INGRESS AND EGRESS AND FOR BRINGING UTILITIES AND SEWER
PIPE OVER, ACROSS AND ALONG THAT CERTAIN REAL PROPERTY IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE EASTERLY 40 FEET OF THE WESTERLY 961.08 FEET OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM THE SOUTHERLY 600.00 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY
LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY
920.00 FEET, SOUTH 00°90'90" WEST, 420.00 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH
89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID
SECTION 23, NORTH 00°03'05" WEST, 420.00 FEET TO THE INTERSECTION WITH THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50" WEST, 31.59 FEET TO THE
POINT OF BEGINNING.
AND ALSO EXCEPTING THEREFROM THE NORTHERLY 10.00 FEET OF THE
SOUTHERLY 610.00 FEET OF THE EASTERLY 360.00 FEET.
AND ALSO EXCEPTING THEREFROM THE NORTHERLY 240.00 FEET, MEASURED
ALONG THE EASTERLY LINE OF SAID SECTION 23.
APN: 262-080-06
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32'
1B 13 a
40
33' O
1D 13 20 21
EXHIBIT "B"
N 88'59'19" W
204.15'
PARCEL 1
N 88'59'19" W
204.15'
PARCEL 2
ALBIN/STAHMER
PROPERTY
40'
1E 8
N 88'59'38"
W 32.01'
N 0'54'57" E
59.99'
40'
PARCEL S
N 88'59'19" W
19' 204.15'
2B
PARCEL 4
N 88'59'19" W 411.69'
EASEMENT LEGEND:
AN EXISTING EASEMENT GRANTED TO DALE WOODWARD FOR ROAD AND UTILITY
PURPOSES, RECORDED ON SEPTEMBER 19, 1962, INSTRUMENT NO. 161482 OF
OFFICIAL RECORDS.
13 AN EXISTING EASEMENT CONTAINED IN DOCUMENT ENTITLED "AN AGREEMENT"
FOR ROADWAY AND UTILITY PURPOSES, RECORDED ON JANUARY 21, 1972,
INSTRUMENT NO. 15917 OF OFFICIAL RECORDS.
1 B AN EXISTING 31.59' EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL
2 OF GRANT DEED REC. 03-31-1999 AS DOC. NO. 1999-0213629, O.R.
AN EXISTING EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL 4 OF
1 D GRANT DEED REC. 03-31-1999 AS DOC. NO. 1999-0213629, O.R.
AN EXISTING 40' EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL 5
OF GRANT DEED REC. 03-31-1999 AS DOC. NO. 1999-0213629, O.R.
1E
EXISTING 40' EASEMENT FOR ROAD AND UTILITY PURPOSES PER PARCEL B OF
GRANT DEED REC. 12-30-2004 AS DOC. NO. 2004-1229811, O.R.
2
F B AN EXISTING EASMENT GRANTED TO THE CITY OF ENCINITAS FOR EMERGENCY
ACCESS PURPOSES, REC'D DEC. 08, 2009, AS INSTRUMENT NO. 2009-0679928
OF O.R.
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