Loading...
1995-226419AIM smomm Im (W »T rvtt-lMlam mw DOC 1995- 0226419 O GZ6Z,tILI>$3i i+aL "' 4, 31- MAY -1995 10=04 AN 3 9 DFFIrlk kF OVE 2 SAN uiF..tiO COL i1Y RECORDk'k'JuFf ICE RECORDING REQUESTED BY ) t kEI�'R'r' SMITH, COUNTY RECORDEF; AND WHEN RECORDED MAIL. TO: ) �F: :9400 r'EES: 49400 r ^,F: 29.00 STRADLING, YOCCA, CARLSON & RAUTH ) IF: in 00 660 Newport Center Drive, Suite 1600 ) Newport Beach, California 92660 ) Attention: Bruce C, Stuart, Esq. ) (Space above for recorder.] RECIPROCAL EASEMENT AGREEMENT IS RECIPROCAL EASEMENT AGREEMENT ( "REA ") is entered into as of 1995, by and between HSP EL CAMINO SOUTH, INC., a California corporation ("HSP ), and NORTH COAST HEALTH CENTER, a California general partnership ( "Adjoining Landowner "). RECITALS A, HSP is the owner of that certain real property located in the City of Encinitas, County of San Diego, State of California, legally described on Exhibit A attached hereto (the "HSP Parcel"). B, Adjoining Landowner is the owner of that certain real property located in the City of Encinitas, County of San Diego, State of California, commonly known as North Coast Health Center, and legally described on Exhibit B attached hereto (the "Adjoining Parcel "), which Adjoining Parcel shares a common boundary with the HSP Parcel. C. The Adjoining Parcel and the HSP Parcel are depicted on the Site Map attached hereto as Exhibit C (the "Site Map "). The Adjoining Parcel and the HSP Parcel shall be sometimes collectively referred to herein as the "Property". Adjoining Landowner and HSP shall be sometimes collectively referred to herein as the "Owners" or individually as the "Owner ". D, As a condition to receiving certain development approvals from the City of Encinitas (the "City") to develop the HSP Parcel as a shopping center, the City is requiring HSP and Adjoining Landowner to grant each other reciprocal ingress and egress easements over the Property on the terms and conditions of this REA. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: l Grant and Description of Easements, 1.1 Grant. HSP and Adjoining Landowner each hereby establishes and grants to and for the benefit of the other, and their respective licensees, permitees, successors and REAL: 7553 313441A9852:1 u: s .z 7? L N z ,,. ff rn Pl � r; 1330 assigns (collectively, "Grantees ") a perpetual, non - exclusive easement for the ingress and egress of motor vehicles and pedestrians to permit the free flow of vehicular and pedestrian ingress and egress to and from, and over and across those portions of the i opey depicted on Exhih i� t C hereto as the "Easement Area" (the "Easement Area "). 1.2 Character. The easement granted by HSP over the HSP Parcel shall be appurtenant to the Adjoining Parcel, and may not be held, transferred, assigned or encumbered except as an appurtenance to the Adjoining Parcel. The easement granted by Adjoining Landowner over the Adjoining Parcel shall be appurtenant to the HSP Parcel, and may not be held, transferred, assigned or encumbered except as an appurtenance to the HSP Parcel. The easements granted pursuant to this REA shall be nonexclusive and for the use and benefit of each Grantee in common with the granting Owner and its licensees, permitees, successors and assigns. This REA is not intended to grant a fee interest in the Property, nor is it intended to be a lease or a license. 13 Duration. The easements granted in this REA are granted in perpetuity IA No Impediments to Use. No wall, barrier, building, fence, plant, structure, improvement or other obstacle or impediment shall be constructed upon the Property which would materially and adversely affect the use of the Easement Area as provided herein by any Grantee. Either Owner may adopt reasonable rules and regulations consistent with this REA pertaining to the use of the driveways, traffic aisles and interior roadways upon their own portion of the Property and the Grantees shall observe such rules and regulations. Such rules and regulations may include without limitation, rules and regulations relating to (1) the hours of operation and parking lot lighting, (2) the use of areas adjacent to loading docks and ramps for loading and unloading purposes, (3) the installation of speed and traffic control and directional facilities, and (4) the periodic uses of such areas adjacent to any buildings on their own portion of the Property for promotional and /or seasonal sales purposes, provided that such use does not interfere with pedestrian or vehicular ingress and egress as established herein. 1.5 Not a Public Dedication. Nothing contained in this REA shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for the oenem! public or for any public purpose vtha *.soever, and this REA shall be strictly limited to and for the purposes expressed herein. No individual shall be deemed to have acquired a prescriptive easement, easement by implication or any other right, title or interest as a result of the use of the Easement Area or the grant of the easements granted herein. 2. Modification to Easement Area. HSP and Adjoining Landowner shall each have the right to unilaterally modify the location of the Easement Area on their portion of the Property (the "Modified Easement Area ") provided that such Modified Easement Area provides ingress and egress to and from El Camino Real and has been approved by the City. Such modification shall be effected by the modifying Owner giving the other Owner written notice of its intent to modify the Easement Area (the "Modification Notice "), which Modification Notice shall include a map depicting the Modified Easement Area. If the non - modifying Owner does not object to the modifying Owner in writing within ten (10) days of receipt of the Modification Notice, then the modifying Owner may record in the Official Records of San Diego County an amendment to this REA depicting the Modified Easement Area (the "Amendment to REA "). The modifying Owner shall have a limited power of attorney for the sole purpose of signing the Amendment to REA on REAU7553 313441 A9852.1 2 M I I i M co �d Z ch i v V [ rW E Ago 1331 behalf of the non - modifying Owner in the event that the non - modifying Owner shall refuse to sign the Amendment to REA. If the non - modifying Owner does object to the modifying Owner -' in writing within ten (10) days of receipt of the Modification Notice, then the parties shall meet , within fifteen (15) days after the expiration of the ten (10) day notice period and attempt to agree r on a munially acceptable Modified Easement Area. If the parties cannot agree upon a Modified Easement Area within five (5) days of their initial meeting on the subject, then the parties shall r�' agree on a traffic expert, or if the parties cannot agree on a traffic expert each Owner shall designate a traffic expert and those two experts shall designate a third traffic expert, and such agreed upon or designated third traffic expert (the "Traffic Expert ") will review the proposedi Modified Easement Area and either approve or miakc such modifications to the proposed Modified Easement Area to provide ingress and egress to and from El Camino Real over such proposed Modified Easement Area. The determination of the Traffic Expert shall be final and i binding upon both parties; provided, however, that the modifying Owner shall have the option to accept the Modified Easement Area, as finally approved by the Traffic Expert, or to maintain the original Easement Area. The modifying Owner shall have a limited power of attorney for the sole purpose of signing the Amendment to REA on behalf of the non - modifying Owner in the event that the non- modifying Owner shall refuse to sign the Amendment to REA after approval tl by the Traffic Expert. rn. 3. Maintenance Requirements. The Basement Area shall be operated and maintained 81 in good and clean condition and repair, including, but not limited to, any asphalt, paving, 0 sidewalks, directional signs, ramps, driveways, striping, curbs, gutters, traffic islands, lighting !�` facilities, landscaping, sprinklers, drainage facilities or public utilities or any other improvements which may from time to time be erected within the Easement Area. The costs of maintaining the Easement Area on the HSP Parcel shall be borne solely by HSP. The costs of maintaining the x Easement Area on the Adjoining Parcel shall be borne solely by Adjoining Landowner. 4. Failure to Maintain. In the event of a failure by any Owner or its respective successors or assigns to maintain the Easement Area on their portion of the Property as required, by this REA, after thirty (30) days' written notice from the non - defaulting Owner to the defaulting Owner to cure such default, the non- defaulting Owner, at its option, shall be permitted to cure the default at the defaulting Owner's expense, or to bring legal action to force the =_ ' defaulting Owner to perform. The amounts reasonably expended by the non - defaulting Owner in curing the default or in bringing a specific performance action shall immediately become due and Z ; payable by the defaulting Owner, together with interest thereon at the rate of ten percent (10 %) per annum. M . O ' 5. Reservation of Rights. Each Owner reserves the right to eject, or cause the Lam � ejection from the Easement Area on their respective portion of the Property, subject to their r respective grants, of any person or persons not authorized, empowered or privileged to use the 1 y same pursuant to the terms of this REA, and to close off portions of the Easement Area on their �r respective portion of the Property for such reasonable period or periods of time as may be legally necessary to prevent the acquisition of prescriptive rights by `anyone. Each Owner retains any t and all rights not specifically granted herein, including without limitation (i) any and all rights �4 which are not directly incompatible with the easements granted herein, and (ii) the right to grant easements to other third parties over, under and through the Easement Area affecting their respective portion of the Property for any purpose, including without limitation, rights -of -way for similar uses and utility easements, provided the use of the easements as provided herein is not i AM qW 1332 hindered or impaired. Notwithstanding the foregoing, each Owner acknowledges that, from time to time, the Grantees' use of the Easement Area and/or their ingress to or egress from the Property may be interrupted for reasonable periods of time, as a result of construction, maintenance or repair to the improvements which may from time to time exist on the Property, including improvements in the Easement Area. Each Owner expressly consents to such interruption and acknowledges that the other Owner shall in no event be liable as a result of such interruption. 6. Insurance. Each Owner shall procure and maintain a comprehensive liability policy which shall protect the Owner and its respective officers, employees and agents from claims, losses, or damages for any claims arising out of acts or omissions occurring on the Easement Area. All such policies shall name all parties holding ownership interests in the Property, including the other Owner, as additional insureds. 71 Indemnification. Each Owner shall indemnify, defend (with counsel reasonably acceptable to the indemnified party) and hold the other harmless from and against any and all liability, loss, damage, cost or expense (including but not limited to reasonable attorneys' fees and court costs) arising from or in connection with the indemnifying Owner's negligence or intentional misconduct. 8. Binding Covenants. The Owners intend that the covenants, conditions and restrictions contained herein shall be enforceable as equitable servitudes and shall constitute covenants, the burdens and benefits of which shall run with the land and bind successive owners all within the contemplation and for the purposes of Section 1468 of the Civil Code of the State of California and therefore declare that the covenants of Owners herein to do or to refrain from doing something on the Property (a) are for the benefit of each other Owner's property, (b) run with the HSP Parcel and the Adjoining Parcel, and (c) shall, except as provided in Section 1466 of the Civil Code of the State of California, or as specifically provided herein and notwithstanding the provisions of Section 1465 of the Civil Code of the State of California, benefit or be binding upon each successive owner, during his ownership, of any portion of the Property and upon each person having any interest therein derived from any Owner thereof. 9. Attorneys' Fees. In the event of any dispute between the parties hereto involving the performance or interpretation of the covenants or conditions contained in this REA or arising out of the subject matter of this REA, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, expenses and costs, including costs on appeal. 10. Sale of Fee Title or Leasehold Estate. In the event any Owner shall convey its interest in all or any portion of the Property, the conveying Owner shall be automatically freed and released from and after the date of such transferor conveyance of all liabilities, respecting the performance of the restrictions, covenants or conditions contained in this instrument thereafter to be performed with respect to that portion of the Property which is conveyed, and the new Owner shall be liable from and after the date of such transferor conveyance, it being intended that the restrictions, covenants or conditions contained in this instrument shall be binding upon the Owners of the Property affected hereby only during such time as they own the same, provided that the conveying Owner shall remain liable for any actions taken prior to the date of the conveyance. REAL:7553_313441A9852.1 Ui n W L; CA r E. { f Z .d M. W i' x f i i i ,E f L; CA r E. { f Z .d M. W i' x f i i i f . O WA 1333 1 l . Mortgagee Protection, A breach of any of the terms, conditions, covenants or restrictions of this REA shall not defeat or render invalid the lien of any deed of trust or mortgage made in good faith and for value, but each such term, condition, covenant or restriction shall be binding upon and effective against any person who acquires title to or any interest in the Property. 12. Recordation of REA. This REA shall be recorded in the Official Records of San Diego County, California, and shall serve as notice to all parties succeeding to the interest of the parties hereto that their use of the Property shall be benefited and/or restricted in the manner herein described. 13. Entire Declaration: Amendments. This REA contains the entire agreement of the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this REA shall be of no force and effect, excepting a subsequent modification in writing, signed by all parties to this REA, with the consent of the City, and recorded in the Official Records of San Diego County, California. 14, Enforcement. Except as specifically limited by the terms of this REA, any party to this REA shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants, easements and reservations now or hereafter imposed or created by the provisions of this REA, or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants, easement rights or reservations and the right to recover damages for such violation. 15. Cumulative Remedies. All rights, options and remedies of the parties under this REA are cumulative, and no one of them shall be exclusive of any other, and the parties hereto shall have the right to pursue any one or all of such rights, options and remedies, or any other remedy or relief which may be provided by law, whether or not stated in this REA. 16, No Waiver. Failure by any party hereto to enforce any covenant, condition or restriction herein contained, shall not he deemed a waiver of such right on any such fururc breach of the same or any other covenant, condition or restriction contained herein. 17. Severability. If any clause, sentence or other portion of the terms, conditions, covenants and restrictions of this REA shall become illegal, null or void for any reason, or be held by a court of competent jurisdiction to be so, the remaining portion will remain in full force and effect. 18. No Partnership. The Owners shall in no event be deemed to be partners of one another by reason of the terms of this REA. 19. Notices. Any notice which any Owner may desire to give to the other Owner must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth, or at such other addresses as the parties may hereinafter designate in writing. Any notice given by mail shall be deemed given forty -eight (48) hours after such notice is deposited in the United States' Mail, addressed as provided, with postage fully prepaid. aEAL:7553 -3 13441 A9852.1 5 t i' t M �C r: v, AIM -J v_ 1334 Addressed to HSP: HSP El Camino South, Inc. 614 Alma Real Drive Pacific Palisades, California 90272 Attention: Hoyt S. Pardee Addressed to Adjoining Landowner: North Coast Health Center 140 Lomas Santa Fe Dr. # 103 Solana Beach CA 92075 Atf-• IIavid Patron 20. Warranty of Authority. HSP hereby represents and warrants (i) it is the legal owner of the HSP Parcel, (ii) it has full power and authority to place the lien of this REA on the HSP Parcel, and (iii) it has not assigned (or purported to assign) any right, title or interest in or to the HSP Parcel. Adjoining Landowner hereby represents and warrants (i) it is the legal owner of the Adjoining Parcel and (ii) it has full power and authority to place the lien of this REA on the Adjoining Parcel. IN WITNESS (WHEREOF, the parties hereto have executed this REA as of the date and year first above written. "HSP" "Adjoining Landowner" HSP EL CAMINO SOUTH, INC., NORTH COAST HEALTH CENTER, 'G.P. a California corporation By: By: AmeM,President ent, Its: Eu� Inc., a 00 ` r a By: V L CQ. f� S. LAN By: Metropolitan Estates Corp., general partner By: REAi.:7553_313441 A9852. I 6 President ' . kJ 1 } A�t E Iti CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT _ No. 5907 State of _ c4; < / I' 0r rY ��- County of _�, ra ey r<c C I, On - - -� `� -- I? before me, � ; .(' ,a Zr OATF NAME. TITLE OF OFFICER E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared l -y rp ,/Z. 1);_"' f NAMES) OF SIGNER(S) ^ ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their �SqM ESKENgZI� signature(s) on the instrument the person(s), CoMM. /96783a -+ or the entity upon behalf of which the NOTARY puSLIGCALIFORNIA � + %. LosAruLtscou►4rr person(s) acted, executed the instrument. Aty Comm. E><p. Juno 14, 1996' WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT �>.a, y1 kIND I VIDUAL / `¢ � "L ° ORPORATE OFFICER n/ ��i�/ /�X TITLE OR TYPE OF DOCUMENT TITLE(S). ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: NUMBER OF PAGES .tr Y - Yf DATE OF DOCUMENT LSIGN?ERIS REPRESENTING: /1 /J ME OSQO(S R ENTITY(IES)) JD/ ZV. A f ao SIGNER(S) OTHER THAN NAMED ABOVE oo 01993 NATIONAL NOTARY ASSOCIATION- 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 �l a �L r VMS c ( 33 M 3o�sl CD tM P} O: . C 1 C/3 is 1'1'1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 13 State of 0r \t '104 \ County of On _� before me,C Vt AAtc DATE NAME, I ITLE OF OFFICER - E d, 4NE DOE, NOTAR PUBLIC' personally appeared � )&_ -" S. aC P , NAME(S) OF SIGNER(S) Erpersonally known to me = OR - ❑ proved to me on the basis of satisfactory evidence to be the person (K) whose namew is re subscribed to the within instrument and ac- knowledged to me that he she /they executed the same in (2i /her /their authorized a IN capacity(i�), and that by hi her /their MARIANNE LACEY signature% on the instrument the personO, a _ cOk" M3rse z NoWyPubpe— California or the entity upon behalf of which the Comm. xG000UNTY erson acted, executed the instrument. tvly oma:. Expires JAN 26,1998 p V� / WITNESS my hand and off' ¢ipI seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL GYCORPORATE OFFICER TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER:_ SIGNER IS REP ^nwci�TiPvG: NAME OF PERSON(S) OR ENTRY(IES) _o DESCRIPTION OF ATTACHED DOCUMENT R CA 'Ea!�Cw ery TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES r DATE OF DOCUMENT 5907 ' +; ry�Tt� a- M O' , v cf)l G) , r 0 ' , (l = ' f? ,© z t t SIGNER(S) OTHER THAN NAMED ABOVE 1 dk r 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. BOX 7184* Canoga Park, CA 91309.7164 V I tr ii k r CALIFORNIA ALL•PURPOS( .CKNOWLEDGMENT 40 i907 State of L� ✓u 4 County of On `75 before me, .:36k Ole {I1^ e DATE NAME. TITLE OF OFFICER • E G -.ANE DOE. NOTARV eUC personally appeared G Vi r� (-r - Pe- (e e NAMES) OF SIGNER(S) , ❑ personally known to me - OR - improved to me on the basis of satisfactory evidence to be the personS*- whose namejk) is /afe subscribed to the within instrument and ac- knowiedged to me that he /sheAhey executed the same in his /h•e#t-feir authorized capacity(ies), and that by his / �ieir OFFICIAL SEAL signatures on the instrument the person(s), JANE METZ NOTARY or the entity upon behalf of which the • o► SAN DIEGO COUNTY erson acted, executed the instrument. MY COMMISSION EXPIRES P MAY 19, 1995 �] WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT ❑ INDIVIDUAL CYCORPO ATE OFFICER n n Q.c I o T OCR r�A/�Y in-Q 4 T7 E ���'�� P� or OR TYPE OF DOCUMENT TrTLEAS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL S / x ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: u DATE F DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTrY(IES) /% / 6 ' 0 A C SIGNER(S) OTHEWTHAN NAMED ABOVE f } )je tia per' Ity: „ as " r O s 8 i 31 1 AIM 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Pads, CA 51309 - 7184 . E sr-r,_= AIM CALIFORNIA ALLoPURPOSE ACKNOWLEDGMENT 1338 NG 5907 State of California County of San Diego On May s, 1995 before me, Diana L. Storti DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Stuart A. Tanz NAMEISI OF SnN£RIS) E: personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in. his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Y — Gu1NA L. STORTI 3 Comm #963667 fit: . ?y -1 NotA3rrunuc COUNT rc.Ian \� Z,y%� u' /J�DICGO C ^LNTY �i M Comm F:Kpiros 7,prd r9 195ti{ e WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER Reciprocal Easement Agreement i'r&ai rJa++t_ TITLE OR TYPE OF DOCUMENT TTTLE(SII ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Six +• Exh As B, C' ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDWVCONSERVATOR ❑ OTHER: May 4, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: HSP El Camino South, Inc. NAME Of PERSON(S) OR ENIMPE6) AmeriCare Health :& Retirement, Inc. Mntrnp of l ten tastes Carp SIGNER(S) OTHER THAN NAMED ABOVE General Partner of North Coast Health Center' 01993 NATIONAL NOTARY ASSOCIATION a &236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309J16t t _ RI w� - �r .a!iy s I tr Z t�s AIM �l �J EXHIBIT A 1339 LEGAL DESCRIPTION FOR HSP PARCEL THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST,, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 01' SAID SECTION 11; THENCE ALONG THE EASTERLY LINE <<, SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 0 013'01" WEST ;. 506.00 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LAND "+ CONVEYED TO EDWARD P. SHULTZ, ET UX, BY DEED RECORDED OCTOBER 22, 1958 IN BOOK 7312, PAGE 210 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID SHULTZ'S LAND, NORTH 89018114" WEST 287.26 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 0 013'01" WEST 284.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 0 013'01" EAST 284.70 FEET AND SOUTH 89 018114" EAST 287.26 FEET TO THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF TIDE SOUTHEAST QUARTER; THENCE ALONG SAID EASTERLY LINE, SOUTH 0 013'01" WEST 489.70 FEET TO THE SOUTHEAST CORNER OF SAID SHULTZ'S LAND; THENCE ALONG THE SOUTHERLY LINE OF SAID SHULTZ'S LAND, NORTH 89 018114" WEST 644.15 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO THE COUNTY OF SAN DIEGO DEED BY RECORDED APRIL 3, 1968 AS RECORDERS'S FILE NCG. 55591 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, NORT;3 16 007115" WEST (NORTH 15 03214011 WEST PER DEED) 63.00 FEET, MORE OR LESS, TO A LINE WHICH IS PARALLEL WITH AND 60900 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SHULTZ'S LAND; THENCE ALONG SAID PARALLEL LINE, SOUTH 89 018'14" EAST, 320.00 FEET; THENCE NORTHERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. r- i PARCEL B: THAT PORTION OF SECTION 11, TOWN: MERIDIAN,,IN.THE TO OFFICIAL PLAT EXHIBIT A PAGE 1 OF 3 THE NORTHWEST SHIP 13 SOUTH, C07JNTY OF SAN THEREOF BEING a QUARTER OF THE SOUTHEAST QUARTER OF RANGE 4 WEST, SAN BERNARDINO BASE AND DIEGO, STATE OF CALIFORNIA, ACCORDING DESCRIBED AS FOLLOWS: R 1340 COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOLrfH 0 013'01" WEST 506.00 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO EDWARD P. SHULTZ, ET UX, BY DEED RECORDED OCTOBER 22, 1958 IN BOOK 73121 PAGE 240 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID SHULTZ'S LAND NORTH 69 03.6014" WEST, 287.26 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 0 013'01" WEST 284.70 FEAT TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89018'14" WEST 412.75 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO THE COUNTY OF SAN DIEGO, BY DEED RECORDED APRIL 3, 1968 AS FILE NO. 55591 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, SOUTH 16 007115" EAST (SOUTH 15 032140" EAST PER DEED) 150.30 FEET TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 60.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SHULTZ'S LAND; THENCE ALONG SAID PARALLEL LINE, SOUTH 89 018114" EAST 320.00 FEET; THENCE NORTHERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. PARCEL C• THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 0 013101" WEST 506.00 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO EDWARD P. SHULTZ, ET UX, BY DEED RECORDED' OCTOBER 22, 1958 IN BOOK 7312, PAGE 240 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID SHULTZ'S LAND, NORTH 89 018'14" WEST 287.26 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 0 013'01" WEST 140.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00013'01" WEST 144.00 FEET; THENCE NORTH 89 118'14" WEST 412.75 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO 'THE COUNTY OF SAN DIEGO, BY DEED RECORDED APRIL 3, 1968 AS FILE NO. 55591 Or OFFICIAL, RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 16007'15" WEST (NORTH 15032'4D" WEST PER DEED) 150.30 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 89 018114" WEST FROM THE TRUE POINT OF BEGINNING; THENCE LONG SAID LINE, SOUTH 89 018'14" EAST 455.90 FELT TO THE TRUE POINT OF BEGINNING. EXHIBIT A AIM PAGE 2 OF 3 I s: f •3 d u� I s: co _ .. Z q O DTI u �d. i f •3 d u� „r m l q 1 yIWI: ;L,; co _ .. Z q O DTI u �d. i PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO,BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 0 013'01" WEST 506.00 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO EDWARD P. SHULTZ, ET UlA. BY DEED RECORDED OCTOBER 22, 1958 IN BOOK 7312, PAGE 24:0 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID SHULTZ' S LAND NORTH 89018114" WEST 287.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 0 013101" WEST 140.70 FEET; THENCE NORTH 89 018'14" WEST 455.90 FEET TO THE EASTERLY LINE OF THE LAND CONVEYED TO THE COUNTY OF.SAN DIEGO BY DEED RECORDED APRIL 3, 1968 AS FILE NO. 55591 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTHERLY LINE OF SAID SHULTZ'S LAND; 'THENCE ALONG SAID NORTHERL`.! LINE, SOUTH 89 018114" EAST 498.00 FEET TO THE 'TRUE POINT OF BEGINNING. EXHIBIT A PAGE 3 OF 3 Ao qw u: i A! E 1 orl ti i ca En 23 Ago EXHIBIT B LEGAL DESCRIPTION FOR ADJOINING PARCEL s TA THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, ' *, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THE NORTHERLY 510.00 FEET (MEASURED ALONG THE WESTERLY LINE) OF '* THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF i/ SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF LYING EASTERLY OF ; THE EASTERLY LINE OF COUNTY ROAD SURVEY NO. 682, (60.00 FEET WIDE) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER;. 26, 1951 IN BOOK 4264, PAGE 305 OF OFFICIAL RECORDS. 9„ , EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY BOUNDARY OF THAT PORTION OF COUNTY ROAD SURVEY NO. 1800 -1 (KNOWN AS s' n EL CAMINO REAL) AS DESCRIBED IN PARCEL 67073 -A IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JUNE 6, 1968 AS FILE NO. 948840 s M f- r G 1 m me Ap V Y r l 5 i O e F F- ;r r E a> ,�lI la I �� _o ADJOINING PARCEL. J ollZi 0 EXHIBIT C 134 SITE MAP 3 I HSP PARCEL I f I' I I I � Ir I I 1 I I I � I I I I II I I I r — I I 1 _ I 1 _ rII - 1 I _ I I xa- y�x , rN b Oi •i ig r xa- y�x , r ff �" • 7 s.l 1 I f� �T ,j rn / rN b ig r r ff �" • 7 s.l 1 I f� �T ,j rn / rN I r ff �" • 7 s.l 1 I f� �T ,j rn /