1989-118037When recorded, please mail to: Q"fs 6
•San''D2eguito Engineering, Inc. � 1803
4407 Manchester Ave., Ste. 105 '?Mt
Encinitas, CA. 92024 RF r * }`tM Pal '� COP,DS
AR '<a x �� ?1II
CA,
MG $� MAR -$ AR PRIVATE ROAD MAINTENANCE AGREEMENT g'3t
! VERA L EYL P.P �-iVO TM ¢
/Bo - 2v L_ j0U y REcORp G Nom : 09 F -oB
C No : 9'O
This agreement supersedes The Private Road Maintenance Agreement filed
in the office of the County Recorder of San Diego County, state of Cal -
ifornia, on April 21, 1988 as File /Page no. 88- 184958 Official Records.
THIS AGREEMENT for the maintenance and repair of that
certain private road easement, the legal description and /or plat
of which is set forth in Exhibit A attached hereto and made a
part hereof, is entered into by Pacific Scene Inc.
A•California Corporation
(hereinafter referred tm as 'Developer ") for the benefit of
future subdivision lot owners who will use the private road
easement (hereinafter referred to as. "lot 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 a subdivision project as defined' in
Section 210651,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 subdivided and developed as TM 4376
that will use
and enjoy the benefit of said road easement. 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 mutual desire of the parties hereto that
said private road easement be maintained in a'safe and usable
condition by the -lot owners; and
-WHEREAS, it it the mutual desire of the parties hereto to
establish a method for the maintenance and repair of said private
road easement and for the. apportionment of the expense of such
maintenance and repair among existing and future lot owners; and
WHEREAS, it is the mutual intention of the parties that this
Agreement constitute a covenant running with the land, binding
upon each successive lot owner of all or any portion of the
property. NOW•THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
BW /sd /BC1 -06 (10- 20 -87 -1)
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1. The property is benefited 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 shall be divided equally among the subdivided parcels
created in the subdivision and paid by the lot owner of the
heirs, assigns and successors in interest of each such owner.
3. In the event any of the herein described parcels of
land are subdivided further, the lot 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 unless the consent
for additional" work -is -agreed to .by a majority vote of the lot
owners owning loot of the number of parcel's; '• including p
subdivisions thereof as described in Paragraph 3 above.`
Reasonable and normal road improvement and maintenance work to
adequately maintain said private road easement and related
drainage facilities to permit all weather access. {.
And private drainage easements.
Repairs and maintenance under this Agreement shall include, but
is 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 of proper to repair and preserve the easement for all
weather road purposes.
5. If there is a covenant, agreement, or other obligations'
imposed as a condition of subdivision approval to make private
road improvements to the private road easement, the obligation to C
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.
6. Any extraordinary repair required to correct damage to
said road easement that results from action taken or contracted S
for by parties hereto 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 road easement to the
condition 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. The parties further agree that the agent may at any
time be replaced at the direction of a majority of the lot
owners. Repair and maintenance work on the private road easement
BW /sd /BC1 -06 (10- 20 -87 -1)
14r-
0768
shall be commenced when a majority of the lot 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.
8. Should any lot owner fail to pay the pro rata share of
costs and expenses as provided in this Agreement, then the agent
or any lot 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
attorney's fees.
9. Any liability of the lot 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 lot 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 lot owners in the
same.. percentages.. as . they bear the - costs • and- • expenses • of such
repairs and maintenance. Each lot owner shall be responsible for
and maintain his own insurance, if any. By this Agreement, the
parties do 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 lot 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.
10. Lot owners shall jointly and severally defend and
indemnify and hold harmless City, City's engineer, and their
consultants and each of their officials, directors, officers;
agents and employees from and against all liability, claims,
damages, losses, expenses, personal injury and other costs,
including costs of defense an. d attorney's fees, to the agent
BW /sd /BC1 -06 (10- 20 -87 -1)
z
0769
hereunder or to any lot owner, any contractor, any subcontractor,
of the road easement, or to any
any user other third persons
of or in any way related to the use of, repair or
arising out
or the failure to repair or maintain the private
maintenance of,
road easement. the
Nothing in the Agreement, approval) of a the specifications Land
contract documents or City's
app
specifications or inspection of ente work lresponsibility s include any
review, inspection acknowledgm engineer, and their consultants,
such matter, and City, City officers, employees and
and each of their officials, directors, or liability
agents, shall have absolutely no responsibility
therefore.
11. The foregoing
covenants shall run with the _.lazui and
shall owners deemed to be a for the benefit on who shall at anytime own all
lot owners and each and every person to herein.
or any portion of the prop the co
12. It is understood and agrOed thae heirsven executors,
shall be bind and assignees of each of the lot
administrators, successors,
owners.
13. It is the purpose of the signatories hereto that this
instrument be recorded to the end and intent that the obligation
with
purchaser
of all or any portion
hereby created shall be and
ent c P stitute a covenant running
the land and any subsequent of a deed and /or conveyance
thereof, by acceptance of delivery sented to and
regardless of form, shall be deemed to without limitation, the
become bound by these presents, including terms
right of any person entitled to enforrov the in Paragraph l8
Agreement to institute legal action as p
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 lot 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 invalid
jurisdiction, the validity, and enforceability
court of competent
of the remaining provisions shall not be affected thereby.
If the Property erty constitutes a "Common Interest
ifornia Civil Development" as defined in Cal in or oymershi C Of an Section Association"
which will include membership
p anything in
as defined in Cali fornia Civil Co notwithstanding`a)the following
this Agreement to the contrary such time as (i) the
provisions shall apply at and during as defined in
Property is encumbered by a "Declaration „ (the Common Area
California Civil Code Section 1351(h), and (ii)
BW /sd /BC1 -06 (10- 20 -87 -1)
0770
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 road easement 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 is favor of the Association and enforcement
there6f shall supersede Paragraph" 8 of the Agreement in its
entirety. No individual owners shall have the right to alter,
maintain or
California civil Code se t e section 351(b) in the Pro defined
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 the Declaration.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the 20th_ day of Ortnhpr
ASSESSOR'S PARCEL NO. 264 - 180 -19,20 & 265 - 250 -02
PACIFIC SCENE, INC. fa
r
A CALIFORNIA CORPORATION
Owner:
BY:
�P
D.W C Y, VI RESIDENT
BY:
o
Mt
ON WERNER, SR. VICE PRESIDENT
STATE OF CALIFORNIA 1 )ss.
COUNTYOF qAn nip90 1
On_ t 1] _r 20. 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared D. W. Rack8Iy --and
Jon B. Werner personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
Ali rp President and Sr. Vice PreSJA@Q&ry, on behalf of_PacifiC
Gene, Inc.
the corporation therein named, and acknowledged to me that „pqp
such corporation executed thewithin instrument pursuant to its
�a
by -laws or a resolution of Its board of directors.
FWAIAI�
WITNESS my hand and official seal. _ dAM__
Signature �� (This area for official notarial seal)
0771
EXHIBIT "A"
(Pg. 1 of 3)
Brookside Lane, Lot 21, as shown on City of 'Encinitas
Tract ho. 4376, or the alternative location as finally
granted.
PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS AND ROAD PURPOSES OVER, ALONG AND ACROSS
A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN LOT 17 OF RANCHO LAS •
ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIF OR-
ACCORDING TE THE OFFICE
60.00 FOOTCOUNTY
REC DIEGO COUNTY, THE WESTERLY LINE OF SAID STRIP
RECORDER OF SAN D
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 17, BEING ALSO THE
NORTHEASTERLY CORNER OF LOT 91 OF COLONY OF OLIVENHAIN, ACCORDING TO MAP
THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THE BOUNDARY OF SAID LOT 17, SOUTH 14-59'03" WEST
(RECORD SOUTH 14'58'54" WEST) 55.00 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF THAT CERTAIN 60.00 FOOT STRIP OF LAND KNOWN AS LONE JACK
ROAD (ROAD SURVEY 554) DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED SEPTEMBER 17, 1961, RECORDER FILE NO. 155962 OF OFFICIAL RECORDS
AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED WESTERLY LINE;
THENCE FEET TOIAN ANGLE POINTOINDTHE BOUNDARY OF SAID LOTH174'S9�03" WEST,
THE SIDELINE OF SAID 60.00 FOOT .STRIP TO TERMINATE NORTHERLY IN THE
SOUTHERLY LINE OF THE ABOVE DESCRIBED ROAD SURVEY NO. 554 AND SOUTHERLY IN
THE SOUTHERLY LINE OF SAID LOT 17.
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EXHIBIT "A"' 0772
(Pg. 2 of 3)
PARCEL 4:
AN EASEMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FOR INGRESS
AND EGRESS AND FOR ROADWAY AND UTILITY PURPOSES, INCLUDING, BUT NOT LIMITED
TO SEWER, WATER, GAS, ELECTRIC, TELEPHONE AND CABLE TELEVISION LINES AND
APPURTENANCES THERETO, TOGETHER WITH THE RIGHT TO CONSTRUCT AND MAINTAIN
SAID ROADWAY AND UTILITIES OVER, UNDER, ALONG AND ACROSS THE EASTERLY 30.00
FEET OF THE NORTHERLY 2.00 ACRES OF THAT PORTION OF COLONY OLIVENHAIN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
No.
iY 386 1885
�� DescaleeD
D OFFICE
FULL AS THE FOLLOWS•RECORDER OF SAN DIEGO COUNTY, ON
LOT 91 AS SHOWN ON SAID MAP, TOGETHER WITH THAT PORTION OF THE EASTERLY
HALF OF "N" STREET AS SHOWN ON SAID MAP, WHICH ADJOINS SAID LOT 91 ON THE
WEST, TOGETHER WITH THAT PORTION OF THE NORTHERLY HALF OF 13TH STREET AS
SHOWN ON SAID MAP, WHICH ADJOINS SAID LOT 91 AND SAID PORTION OF "N° STREET
ON THE SOUTH TOGETHER WITH THAT PORTION OF THE SOUTHERLY HALF OF 14TH
STREET AS SHOWN ON SAID MAP AND ALSO TOGETHER WITH THAT PORTION OF THE
WESTERLY HALF OF °0" STREET AS SHOWN ON SAID MAP, WHICH DOES NOT LIE WITHIN
LOT 17 OF RANCHO LAS ENCINITAS., IN THE COUNTY OF SAN DIEGO, STATE OF CALI-
FORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, AND WHICH ADJOINS SAID LOT 91
AND SAID PORTION OF 13TH STREET ON THE EAST.
THIS EASEMENT AND'RIGHT OF WAY IS GRANTED WITH THE UNDERSTANDING THAT IT
WILL BENEFIT GRANTEES ADJACENT PROPERTY AND ANY FUTURE DIVISION THEREOF.
GRANTOR HEREBY GRANTS TO GRANTEE, ITS SUCCESSORS AND ASSIGNS. THE RIGHT TO
HAVE AND TO HOLD SAID EASEMENTS AND RIGHT OF WAY FOREVER; TOGETHER WITH THE
RIGHT TO TRANSFEROR DEDICATE SAID EASEMENTS AND RIGHT OF WAY OR ANY OF THE
SAME, AND ALL OTHER RIGHTS HEREIN CONVEYED IN THE FORM OF AN EASEMENT OR AN
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY, TO ANY PUBLIC AGENCY FOR
PUBLIC PURPOSES. UPON SUCH TRANSFER OF DEDICATION, THE EASEMENT(S) SO
TRANSFERRED OR DEDICATED SHALL BE DEEMED EASEMENT(S) IN GROSS. NO SUCH
EASEMENT PROPERTY WILL SINRANY WAY IEXTINGUISH ANY EOFP THE TEASEMENTS VHEREBY OCONRVAEYED.
-0
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PARCEL 5:
EXHIBIT "A" 0773
(Pg. 3 of 3)
AN EASEMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FOR INGRESS AND
EGRESS AND FOR ROADWAY AND UTILITY PURPOSES INCLUDING BUT NOT LIMITED TO
SEWER, WATER, GAS, ELECTRIC, TELEPHONE AND CABLE TELEVISION LINES AND
APPURTENANCES THERETO TOGETHER WITH THE RIGHT TO CONSTRUCT AND MAINTAIN
SAID ROADWAY AND UTILITIES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF
COLONY OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY
'RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED IN FULL AS FOLLOWS;
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 OF PARCEL MAP NO. 9771,
ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF'THE COUNTY RECORDER OF SAN
DIEGO COUNTY MARCH 6, 1980. BEING ALSO A POINT ON THE CENTER LINE OF "0"
STREET AS SHOWN ON SAID MAP NO. 326; THENCE ALONG SAID CENTER LINE, SOUTH
12.26'49" WEST 70.00 FEET, THENCE NORTH 72-33'11" WEST, 30.00 FEET; THENCE
PARALLEL WITH SAID CENTER LINE NORTH 12'26'49" EAST, 350 FEET MORE OR LESS
TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO LYNN E. SMITH, ET
UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,-MAY 15,
1961, AS FILE /PAGE N0. 83173; THENCE ALONG SAID NORTHERLY LINE SOUTH
77.34'49" EAST, 30.00 FEET TO THE WESTERLY LINE OF SAID PARCEL MAP NO.
9771; THENCE ALONG SAID WESTERLY LINE, SOUTH 12-26149! WEST, 280 FEET MORE
OR LESS TO THE POINT OF BEGINNING.
THIS EASEMENT AND RIGHT OF WAY IS GRANTED WITH THE UNDERSTANDING THAT IT
WILL BENEFIT GRANTEE'S ADJACENT PROPERTY AND ANY FUTURE DIVISION THEREOF.
GRANTOR HEREBY GRANTS TO GRANTEE, ITS SUCCESSORS AND ASSIGNS. THE RIGHT TO
HAVE AND HOLD SAID EASEMENTS AND RIGHT OF WAY FOREVER; TOGETHER WITH THE
RIGHT TO TRANSFER 0 DEDICATE SAID EASEMENTS AND RIGHT OF WAY, OR ANY OF
THE SAME, AND ALL 0 HER RIGHTS HEREIN CONVEYED IN THE FORM OF AN EASEMENT
OR AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY TO ANY PUBLIC AGENCY FOR
PUBLIC PURPOSES, UPON SUCH TRANSFER OR DEDICATION. THE EASEMENTS) SO
TRANSFERRED OR DEDICATED SHALL BE DEEMED EASEMENT(S) IN GROSS. NO SUCH
EASEMENT IL
PROPERTY WILL SINR DEDICATION
ANY WAYEXTINGUISH ANY EOFP THE T V O GRANTEE'S
EASEMENTSHEREBYCONVVEYED. .
Weal
;d
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EXHIBIT "B" ` 0774
PARCEL 1:
LOTS 1, 2 AND 3 IN SECTION 17, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNAR-
DINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING OR H POINT 32" EAST, LINE
THEREON, NORTH
NORTHERLY LINE OF RANCHO SANTA FE ACCORDING TO LICENSED SURVEY MAP N0. 19
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 6,
1245.00 FEET TO SAID NORTHERLY LINE OF
THENCE FE;�TTHENCE,ALONGESAID NORTHERLY LINE NORTH 65'12'31" WEST,
1180.00 FEET; THENCE NORTH 6'04'00" WEST, 265.00 FEET; THENCE NORTH
66.52'50" EAST, 1238.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2'
THAT PORTION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21,
1898 AND THE COLONY OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, ALL
BEING IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, DESCRIBED AS A WHOLE
AS FOLLOWS:
BEGINNING AT A CORNER NO. 4 OF RANCHO SANTA FE, ACCORDING TO MAP THEREOF
f N0. 1142, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 28, 1922, SAID CORNER ALSO BEING THE MOST NORTHERLY CORNER OF LOT
} 1, BLOCK 1, OF SAID RANCHO SANTA FE; THENCE ALONG THE EASTERLY LINE OF LOT
OR TRACT 25 OF SAID RANCHO NORTH 1. 29'36" WEST, 250.00 FEET TO THE
NORTHEASTERLY CORNER OF LAKE VAL SERENO UNIT N0. 2, ACCORDING TO MAP
THEREOF NO. ]060, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY
ALONG THE EASTERLY LINE OF LOT OR TRACT 25 OF RANCHO LAS ENCINITAS TO THE
NORTHEAST CORNER OF LOT OR TRACT 25 IN THE SUBDIVISION OF SAID RANCHO LAS
548; THENCE WESTERLY ALONG THE
ENCINITAS, ACCORDING TO MAP THEREOF NO.
NORTHERLY LINE OF SAID LOT OR TRACT 25 TO ITS ACCORDINGITO MAPHTHEREOFNNO.
LINE OF "0" STREET, IN THE COLONY OLIVENHAIN;
326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY
8, 1885; THE SAID "0" STREET BEING THE STREET BOUNDING BLOCK 91 OF SAID
COLONY OLIVENHAIN ON THE EAST; THENCE SOUTHERLY ALONG THE CENTER LINE OF
SAID "0" STREET TO ITS INTERSECTION WITH THE CENTER LINE OF 13TH STREET IN
COLONY OLIVENHAIN. TBNo. 2; THENCE ALONG SAID HNORTHERLY LBOUNDARY, SOUTH
AID
LAKE VAL SERENO UN I
54'21'19" EAST, 1211.35 FEET; AND NORTH 88'30'24" EAST, 2]5.00 FEET•TO THE
TRUE POINT OF BEGINNING.
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