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2001-317914 RECORDING REQUESTED BY AND C # 2001-0313 WHEN RECORDED MAIL TO: Fausto and Elsa M. Ochoa X294 i' ay 18 , 2001 17 d to ��-am 825 Verin Lane OFFICIAL RECORDS 1111111111 IIII SAN' DIEGO COUNTY RECORDER'S OFFICE Chula Vista, California IIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIII GREGORY FEES, C014TOCRECORDEk 1� DOCUMENTARY TRANSFER TAX $ None SPACE ABOVE THIS LINE FOR RECORDER'S USE _x_Transfer to revocable trust J gnature rof Declarant or Agent determining ax- Firm Name QUITCLAIM DEED APN: 216-030-16 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FAUSTO OCHOA,does hereby REMISE,RELEASE AND FOREVER QUITCLAIM S to FAUSTO OCHOA AND ELSA M. OCHOA, Trustees of the FAUSTO OCHOA AND ELSA M. OCHOA REVOCABLE INTER VIVOS TRUST AGREEMENT OF 2001, the real property in the County of San Diego, State of California, described as follows: That portion of Lot 8 in Section 33,Township 12 South,Range 4 West,San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California according to United States Government survey approved October 25, 1875, as more particularly described in Exhibit "A" attached h eto and made a part hereof. DATED :2001 J y AUSTO OCHOA STATE OF CALIFORNIA ) )ss COUNTY OOF"SAN DIEGO ) �jLLGC�77sV A �G?t CS T On W& zib , 2001, before me, Z Notary Public, personall�appeared FAUSTO OCHOA,personally known tome(or proved tome on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his sig ature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. WITNESS m nd d ff ' I seal. Q rn A BENOWITZ 1@0 Commission##12B h,Signature Notary Public-calilarrft Son Diego county MAIL TAX STATEMENTS TO: MYCarcn.IlPkeSMN19,21pd Fausto and Elsa Ochoa K A.Be4oWRZ AEM 825 Verin Lane P�#ice Chula Vista, California son Diego County M4yCcxren.EraresNov 19 2XM y i i EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 8 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT DISTANT THEREON NORTH 890 58' EAST 732.12 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 8, BEING A POINT IN THE CENTER LINE OF COUNTY ROAD AS SHOWN ON MAP OF COUNTY ROAD SURVEY NO. 346, IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, BEING ALSO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND AWARDED TO F. H. TOLLE BY DECREE OF SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO IN THE ACTION ENTITLED "F. H. TOLLE, PLAINTIFF VS. JOHN LUX AND ROY LUX, DEFENDANTS, CASE NO. 46513, A CERTIFIED COPY OF WHICH DECREE WAS FILED FOR RECORD IN THE OFFICE OF COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 16, 1928; THENCE ALONG THE EAST LINE OF LAND SO AWARDED TO F. H. TOLLE, AS AFORESAID,NORTH 10 33' WEST 202.81 FEET, THENCE SOUTH 880 27' WEST 218 FEET MORE OR LESS TO A POINT; THENCE SOUTH 10 33' EAST A DISTANCE OF 197.57 FEET TO INTERSECTION WITH CENTER LINE OF SAID COUNTY ROAD AS ABOVE DESCRIBED; THENCE NORTH 89° 58' EAST ALONG SAID CENTER LINE OF SAID COUNTY ROAD A DISTANCE OF 218.09 FEET MORE OR LESS TO POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES WHICH MAY BE IN OR UNDER SAID PREMISES, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO DRILL AND EXPLORE FOR AND DEVELOP, PRODUCE, EXTRACT AND TRANSPORT SAME, TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS, RIGHTS OF WAY FOR PIPE LINES AND SITES FOR STRUCTURES THAT MAY BE NECESSARY OR CONVENIENT FOR SUCH PURPOSES, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO LEASE SAID PREMISES OR ANY PARTS THEREOF TO OTHERS FOR SUCH PURPOSES, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO LEASE SAID PREMISES OR ANY PARTS THEREOF TO OTHERS FOR SUCH PURPOSES OR ANY OF THEM, AS RESERVED BY CHARLES A. WILLIAMS, ET UX IN DEED RECORDED FEBRUARY 19, 1931 IN BOOK 1859, PAGE 377 OF DEEDS, SAID DEED FURTHER PROVIDES THAT SUCH OPERATIONS SHALL BE CONDUCTED SO AS TO DAMAGE THE IMPROVEMENTS OF SECOND PARTY ON SAID PREMISES AS LITTLE AS POSSIBLE, AND IN THE EVENT DAMAGE BE SUFFERED BY SECOND PARTY, HE SHALL BE ENTITLED TO RECOVER AND RECEIVE SUCH REASONABLE SUM AS DAMAGES AS THE COURT MAY DECIDE, IF THE PARTIES BE UNABLE TO AGREE ON THE AMOUNT OF SAME; AND Page 1 of 2 PROVIDED, FURTHER, THAT SECOND PARTY, HIS SUCCESSORS AND ASSIGNS6296 SHALL ALSO BE ENTITLED TO RECEIVE (IN ADDITION TO ANY DAMAGES ABOVE REFERRED TO) THE FOLLOWING AMOUNTS: (A) IN EVENT FIRST PARTY ITSELF CONDUCTS SUCH OPERATIONS, A ROYALTY OF 1/8 OF THE NET CASH PROCEEDS RECEIVED FROM SALES OF ALL SUCH SUBSTANCES PRODUCED AND SOLD; (B) IN EVENT FIRST PARTY LEASES SAID PREMISES TO OTHERS FOR SUCH OPERATIONS, %2 OF ALL PRODUCTION ROYALTIES ACTUALLY RECEIVED UNDER THE TERMS OF SUCH LEASES. Page 2 of 2