1985-455643orderly egress from and ingress to each of said Parcels by
pedestrians and vehicular traffic, Declarant desires to
provide for the creation and preservation, in perpetuity, of
an easement for such purposes between Parcel A and Parcel B.
NOW, THEREFORE, Declarant hereby covenants, agrees
and declares as follows:
1. Declarant as owner of Parcel A does hereby
declare that there shall exist, in perpetuity, a non - exclusive
Y : T %D ,!
`] B 2232
RECORDED REQUEST OF FIRST tWERICAN TITLE W.
M�w" i;iLEI�L�i
When Recorded Mail to :::. Y3 �ti' -' l'3 7•'
4 '
I FRANK DE MARCO, JR. 1985 DEC -3 PH 3: 59
707 Wilshire Boulevard
Suite 5590 V[FiA L. LYLE
REGORDER
Los Angeles, California 90017OU14TY
R
AR
i DEDICATION OF EASEMENT
TLR
# '
MG
DOCUMENT;,, ^.Y TRANSFER TAXi..r
THIS DEDICATION OF EASEMENT, is made, declared and
I'
f;
executed this / y,rr day of /►/o t/E/n�3Eil° , 1985, by
W,
MOONLIGHT BEACH VENTURE, a Joint Venture, hereinaftert
referred to as "Declarant," with reference to the following
recitals of fact:
t
RECITALS
A. Declarant is the owner of that certain parcel
�.
of real property in the City of Encinitas, County of San
i
l
Diego, State of California, more particularly described in
Exhibit "A" attached hereto and by reference incorporated
herein as though fully set forth, which parcel is hereinafter
referred to as "Parcel A. "a
a
B. Declarant is also the owner of that certain
parcel of real property in the City of Encinitas, County of
San Diego, State of California , more particularly described
,
in Exhibit "B" attached hereto and by reference incorporated
herein as though fully set forth. Said parcel is hereinafter
two, I*
referred to as "Parcel B."
('
C. In order to facilitate the development of
ai
Parcel A and Parcel B, and in order to provide for the
orderly egress from and ingress to each of said Parcels by
pedestrians and vehicular traffic, Declarant desires to
provide for the creation and preservation, in perpetuity, of
an easement for such purposes between Parcel A and Parcel B.
NOW, THEREFORE, Declarant hereby covenants, agrees
and declares as follows:
1. Declarant as owner of Parcel A does hereby
declare that there shall exist, in perpetuity, a non - exclusive
2233
easement for parking, pedestrian and vehicular access,
ingress and egress from, to, across, over and upon, that
portion of Parcel A as is more particularly described and
delineated in Exhibit "C" attached hereto (the "Easement ")
to and from Parcel B for the non - exclusive use and benefit
of lawful users of Parcel A and Parcel B.
2. Declarant's land described in Exhibit "A"
(Parcel A) is hereby declared to be the Servient Tenement
which is subject to the burden of the Easement. Declarant's
land described in Exhibit "B" (Parcel B) is hereby declared
to be the Dominant Tenement for which the Easement exists.
3. The Easement created and granted hereby is
hereby declared to be appurtenant to Declarant's land described
in Exhibit "B" (Parcel B) and shall run with said land.
4. The rights declared herein and more particularly
set forth in the Easement may not be abandoned or surrendered
by any act, or failure to act, of any party, or the successors -
in- interest or assigns of Declarant, except that the same
may be abandoned or surrendered only by an instrument in
writing duly executed and acknowledged by Declarant, or its
successors -in- interest or assigns.
Executed at San Diego, California, as of the day,
month and year first above written. .
DECLARANT MOONLIGHT BEACH V T r
a Joint Ventur
By: DONDI S , INC.
a Tex s t'on
By:
It sr_
By:
By: Vw v
Its- 5'eca'FlWoel�
-2-
_0900 ME WERRA
- E
LEGAL DESCRIPTION
ORDER NO. 904745 -6
2:234
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
Lot 4, Lot 13, and portions of Lots 3, 5, and 12 being Parcel A of the
Department of Land Use and Enviromental Regulation Plat No. B82 -0240 in Block 46
of Pitcher's Subdivision of Encinitas, in the County of San Diego, State of
California, according to Map thereof No. 187, filed in the Office of the County
Recorder of San Diego County, April 4, 1887; together with that portion of the
Westerly 40.00 feet of Fifth Street adjoining said Lots on the East and all of
that portion of the alley between said Lots as said street and alley were
vacated and closed to public use on December 4, 1913 by order of the Board of
Supervisors of San Diego County and recorded in Book 34, Page 76 of Deeds of
said Supervisor's Records, more particularly described as follows:
Beginning at the Southeast corner of said Lot 5 being a point on the Westerly
line of said Westerly 40.00 feet of Fifth Street thence, South 83 °00'05" West
along the Southerly lot line of said Lot 5 67.60 feet; thence, leaving said line
North 7 002130" West 46.23 feet; thence, South 83 °00105" West 152.40 feet to a
point on the Westerly line of said Lot 12; thence, along the Westerly line of
said Lot 12 and the Westerly line of said Lot 13 North 7 002'30" West 53.83 feet
to the Northwest corner of said Lot 13; thence, North 83 °00'05" East along the
Northerly line thereof 140.00 feet; thence, leaving said line North 7 °02130"
West 50.03 feet to a point on the Northerly lot line of said Lot 3; thence,
North 83 °00105" East along said Northerly lot line on Lot 3 a distance of 80.00
feet to the Northeast corner thereof being a point on said Westerly line of the
Westerly 40.00 feet of Fifth Street, thence; North 83 °00'05" East 40.00 feet;
thence, South 7 °02130" East 150.09 feet; thence, South 83 000'05" West 40.00 feet
to the Point of Beginning.
ce /mr
y
2935
LEGAL DESCRIPTION
ORDER NO. 904389 -6
k
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
Lot 6, Lot 11, a portion of Lot 5 and ,a portion of Lot 12 being Parcel B of the
Department of Land Use and Environmental Regulation Plat No. B82 -0240 in Block
46 of Pitcher's Subdivision of Encinitas, in the County of San Diego, State of
California, according to Map thereof No. 187, filed in the Office of the County
Recorder of San Diego County, April 4, 1887; together with that portion of the
Westerly 40.00 feet of Fifth Street adjoining said Lots on the East and all of
that portion of the alley between said Lots as said street and alley were
vacated and closed to public use on December 4, 1913 by order of the Board of
Supervisors of San Diego County and recorded in Book 34, page 76 of said
Supervisor's Records, more particularly described as follows:
Beginning at the Southeast corner of said Lot 6 being a portion on the Westerly
line of said Westerly 40.00 feet of Fifth Street; thence along the Southerly lot
line of said Lot 6 the prolongation thereof across said alley and the Southerly
lot line of said Lot 11 South 83 000105" West 220.00 feet to the Southwest corner
of said Lot 11; thence North 7 °02'30" West along the Westerly lines of said Lots
11 and 12 a distance of 96.26 feet; thence leaving said Westerly line North
83 °00'05" East 152.40 feet; thence South 7 002130" East 46.23 feet; thence North
83 °00'05" East 67.00 feet to a point being the Northeast corner of said Lot 6
said point also being a point on the Westerly line of said Westerly 40.00 feet
of Fifth Street; thence North 83 °00'05" East 40.00 feet; thence South 7 °02'30"
East 50.03 feet; thence South 83 °00'05" West 40.00 feet to the Point of
Beginning.
ja /taf
rAr
HI 9T "Bly
- '
FORM 469 DAWCO PRESS
LANG CONSULTANTS
TICK ENGINEERING COMPANY I ANDCVILENGINEERS
3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008
TELEPHONE • AREA CODE 619 • 729 -4987
J0B NO. - LEGAL DESCRIPTIONFORI
9T R.B.
. .DATE SNEET
8811 EASEMENT FOR INGRESS AND EGRESS TO ENR•D. 4 -26 -85 1., 1
ADPrRTT- R J.C.
That portion of Parcel A as described in a document recorded
October 24, 1984 as File No. 84- 401438 of official records, also
being that portion of Lots 4 and 5, and the Westerly 40 feet of
Fifth Street of Block 46, Map 187, all in the County of San
Diego, State of California, recorded in the Office of the County
Recorder of said county, more particularly described as folows:
Beginning at the Southeast corner of said Parcel A being the in-
tersection of the prolongation of the South line of said Lot 5
with the Easterly line of said Westerly 40.00 feet of Fifth
Street; thence along the South line of said Parcel A, being said
South line of Lot 5 and the prolongation thereof South 83 °00'05"
West 107.00 feet to the West line of said Parcel A; thence along
said West line North 7002130" West 14.00 feet; thence North
83000105" East 56.00 feet; thence North 7 °02130" West 48.00 feet;
thence North 83 000'05" East 51.00 feet to the Easterly line of
said Parcel A being said Easterly line of the Westerly 40.00 feet
of Fifth Street; thence along said Easterly line South 7 °02130"
East 62.00 feet to the POINT OF BEGINNING.
TITLE CO-
REFERENCE
EXHIBIT `dCI0
REVISIONS
2237
SCALE, 1" = 40'
I
W ALLU CLOSED TO P1q !L -' ;- I
USE BY l'B m7y BOARD Of �`` 3
SUPEIPV/SORS DEC. 0, 1913 I _ — -- —1— — --
� � 51.00' . -,
is R L.Y�.84 , Md�i w f�
F LE AV X4.401438
-if I-t
ut
I� 54.00' I Nut
r I 1 >N>002'300W 9.00'
P CEL a I
11 f E 1�2� �d ✓�� $ I
i I
I I I
40,
/TE WESTERLYdO'ON•�— ___I__ - -,
Viva fltfH STREET CLOSED - -
•. TO PU81IC USE 8Y COUNTY
u MRO Of SUPEIPWN$
DECEMBER 4. 1913
C.
z
VICINITY MAP
NO SCALE
PLAT TO ILLUSTRATE EXHIBIT "C"
LEGAL DESCRIPTION Of
EASEMENT FOR IWORESSAND EORUS
TO PARCEL 8
'
2
cn
B.,
rn
m
—1
PICK ENGINEERING COMPANY
CIVIL eN0WWlE 9s- 4KMV0VC A§- PLANPd M
PIWA1r /O. &AN E00@06 CA 611M 1107W
>n...w /100 cwLc^M W^C60A A11700Y07
!M A.100 MNTA m IQMN INANNOOA.CA •117,M14000
i
2237
SCALE, 1" = 40'
I
W ALLU CLOSED TO P1q !L -' ;- I
USE BY l'B m7y BOARD Of �`` 3
SUPEIPV/SORS DEC. 0, 1913 I _ — -- —1— — --
� � 51.00' . -,
is R L.Y�.84 , Md�i w f�
F LE AV X4.401438
-if I-t
ut
I� 54.00' I Nut
r I 1 >N>002'300W 9.00'
P CEL a I
11 f E 1�2� �d ✓�� $ I
i I
I I I
40,
/TE WESTERLYdO'ON•�— ___I__ - -,
Viva fltfH STREET CLOSED - -
•. TO PU81IC USE 8Y COUNTY
u MRO Of SUPEIPWN$
DECEMBER 4. 1913
C.
z
VICINITY MAP
NO SCALE
PLAT TO ILLUSTRATE EXHIBIT "C"
LEGAL DESCRIPTION Of
EASEMENT FOR IWORESSAND EORUS
TO PARCEL 8
'
2
cn
B.,
rn
m
—1
PICK ENGINEERING COMPANY
CIVIL eN0WWlE 9s- 4KMV0VC A§- PLANPd M
PIWA1r /O. &AN E00@06 CA 611M 1107W
>n...w /100 cwLc^M W^C60A A11700Y07
!M A.100 MNTA m IQMN INANNOOA.CA •117,M14000
2238
STATE OF )
ss.
COUNTY OF
On &.Z6 1 1 15gs , before me, the undersigned,
a Notary Public in and for said State, personally appeared
DON R. DIXON and DANA DIXGN, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons
who executed the within instrument as President and Secretary,
on behalf of Dondi Associates, Inc., the corporation therein
named, and acknowledged to me that such corporation executed
the within instrument pursuant to its bylaws or a resolution
of its Board of Directors.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public in any' for said State
1
STATE OF _
} ss.
COUNTY OF (e- )
Onm %(I�c�� /1f�5 , before me, the
undersigned, a Notary Public in and for said State, personally
appeared W. J. VAN BOXTEL , personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument
as President , on behalf of Value Plus Industries,
Nor
Inc., the corporation therein named, and acknowledged to me
that such corporation executed the within instrument pursuant
to its bylaws or a resolution of its Board of Directors.
WITNESS MY ND AND OFFICIAL SEAL.
OFFICIAL SEAL �
SANDRA M. WILrn
Notary putsllaCelNomia i
* principalolfkeln Notary Public in and for said State
San Diego County
My Comm. EXP- Dec. 9, 1988
STATE OF a121-)
COUNTY OF }(Cry OGc%L/
On f/ fy I S' before me, the undersigned,
a Notary Public in and for said State, personally appeared
WOODY F. LEMONS, to be the person whose name is subscribed
to the within instrument and acknowledged that he executed
the same. _
WITNESS MY HAND AND OFFICIAL S
Notary Public in and for said State