1989-580082I
1918
89 58.0 1 ot
RECORDED REQUEST OF FIRST AMERICAN MLE CI
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ffC1�L IT€:CORDS
CLII NTT Celt
RECORDING REQUESTED BY, )
8IJOCT 25 P1VT -45
FIRST AMERICAN TITLE INSURANCE )
COMPANY
VERA L.LYLE
L CO 411 Y R£GORRR j
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AND WHEN RECORDED, RETURN TO:
BARRATT AMERICAN, INCORPORATED } RF
15373 Innovation Drive, Suite 300 ) AR
San Diego, CA 92128
Attn: Michael L. Rust ) MG
Above Space for Recorder's Use
DECLARATION FOR PURPOSE OF RELOCATING EASEMENT
THIS DECLARATION FOR PURPOSE OF RELOCATING EASEMENT is
executed this 18 day of October , 1989 by BARRATT
AMERICAN, INCORPORATED, a Delaware corporation, with reference to
the following facts:
A. By Grant Deed dated May 6, 1959, recorded May 11, 1959,
in the Office of the County Recorder, San Diego County as
Document No. 94226 in Book 7654, Page 324 of the official
Records, Edward W. Lloyd and Marguerita E. Lloyd granted an
easement and right -of -way for road, sewer, water, gas, power and
telephone line purposes and appurtenances thereto to Pruno Denk
and Alwina C. Denk across a 40 -foot portion of the Southeast
Quarter of the Southeast Quarter of Section 5 and a 40 -foot
portion of the Northeast Quarter of the Southeast Quarter of
Section 5, Township 13 South, Range 3 West, San Bernardino
Meridian, as fully described in that Grant Deed.
B. By Easement Agreement dated July 30, 1973 and recorded
September 5, 1973, in the Office of the County Recorder, San
Diego County, as File No. 73- 250647, Security Title Insurance
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1919
Company as Trustee of Trust P.T. 1266 and Security Title
Insurance Company as Trustee of Trust P.T. 1099 granted to the
owners of those certain parcels more fully described in that
Easement Agreement, mutual easements for road and utility
purposes and appurtenances thereto, with the right to convey to
others, across a 60 -foot wide strip of land within Section 5,
Township 13 South, Range 3 West, San Bernardino Meridian and also
within Lot 16 of the Rancho Las Encinitas subdivision, according
to Map No. 848 thereof, as fully described in Exhibit "Cu
attached to that Easement Agreement.
C. By Corporation Grant Deed dated August 6, 1973 and
recorded October 5, 1973 in the Office of the County Recorder,
San Diego County as File No. 73- 280994, Security Title Insurance
Company as Trustee of Trust P.T. 1266 granted to Rancho
Properties: (i) an easement for road and utility purposes and
appurtenances thereto across a 60 -foot wide strip of land lying
within Section 5, Township 13 South, Range 3 West, San Bernardino
Base and Meridian and within Lot 16 of the Subdivision of Rancho
Las Encinitas, according to Map No. 848 thereof; (ii) an
easement for road and utility purposes and appurtenances thereto
across a 30 -foot wide portion of the Southeast Quarter of the
Southeast Quarter of Section 5, Township 13 South, Range 3 West,
San Bernardino Base and Meridian; and (iii) an easement for road
and utility purposes and appurtenances thereto across a 60 -foot
wide strip of land within Section 5, Township 13 South, Range 3
West, San Bernardino Base and Meridian and within Lot 16 of the
Subdivision of Rancho Las Encinitas, according to Map No. 848
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thereof, all of which easements are more fully described in that
Corporation Grant Deed.
D. By Grant of Easement dated June 20, 1983 and recorded
June 29, 1983 in the Office of the County Recorder, San Diego
County as File No. 83- 220305, Rheingold, Inc., Tadaso Tsuda and
Ethel Tsuda, Joseph J. Manno and Nancy A. Manno, and Wallace L.
Knute granted to Robert Brody an exclusive easement for road
purposes, 60 -feet wide, strip of land coextensive with the route
of that easement commonly known as Lone Hill Lane, as more fully
described in that Grant of Easement.
E. The easements described in Paragraphs A, B, C and D
above (collectively "Lone Hill Lane Easement ") have, by various
documents, since been granted to and now vest in various parties
of record too numerous to set forth.
F. Barratt American, Incorporated (Barratt ") is presently
the owner of the real property upon which the Lone Hill Lane
Easement is located and which is more thoroughly described in
Exhibit "A" attached hereto and incorporated herein ( "Property).
G. Barratt is subdividing the Property, pursuant to the
Subdivision Map Act and to the City of Encinitas Subdivision
Ordinance, according to the approved Tentative Map No. 4400.
H. The City of Encinitas has approved the construction of
an extension of Lone Hill Lane with a minor realignment of the
Lone Hill Lane Easement.
I. Barratt desires to make a minor topographical
realignment to the Lone Hill Lane Easement for the benefit of all
current owners of an interest in the Lone Hill Lane Easement and
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to coincide with the realignment of the extension of Lone Hill
Lane as approved by the City of Encinitas.
NOW, THEREFORE, Barratt does hereby declare that the Lone
Hill Lane Easement, as described above, be and is hereby
relocated to coincide with the location and course of Lone Hill
Lane as that road is to be constructed and extended pursuant to
the Final Map, the description of which is more fully set forth
in Exhibit 11BI' hereto and incorporated herein by this reference.
Dated: October 18, 1989 BARRATT AMERICAN, INCORPORATED,
A Delaware Corporation
By:
JOSEPH E. TRACY
SENIOR VICE PRESIDENT
s•
By:
Its:
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO )
On , 19_., before me, the undersigned, a
Notary Public for said State, personally appeared
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personally known to me or proved to me on the basis of t
satisfactory evidence to be the person who executed the within
instrument as or on behalf of the corporation
therein named, and acknowledged to me that the corporation r
executed the same. 0111 =:
i�
Notary Public for said State IN ^7" 2
STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO
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On OCTOBER 18 , 19 89, before me, the undersigned, a
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Notary Public for said State, personally appeared JOSEPH E. TRACY
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as SENIOR VICE PRESIDEN1br on behalf of the corporation
therein named, and acknowledged to me that the corporation
executed the same.
J
OFFICIAL SEAL
PATRICIA L. BEVIL
'..•'. Notary Public - California
;-
�• • � SAN DIEGO COUNTY • +'�,,��� „,
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My Comm. Exp. Mar, 31, 1992)
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Notary Public for said State
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LEGAL DESCRIPTION OF BARRATT PROPERTY
PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 9156, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1979 AS
FILE NO. 79- 394359 OF OFFICIAL RECORDS, BEING A PORTION OF THE
NORTH HALF OF THE SOUTHEAST QUARTER AND A PORTION OF THE SOUTH
HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF.
Exhibit "A"
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1924 October 17, 1989
W.O. 6 -8012
LEGAL DESCRIPTION
OF LONE HILL LANE AS RELOCATED
THE STRIP OF LAND AS DESCRIBED HEREIN IS A PORTION OF PARCELS 1, 2, 3, & 4 OF
PARCEL MAP NO. 9156 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF r
CALIFORNIA, RECORDED SEPTEMBER 20, 1979 IN BOOK OF PARCEL MAPS AT PAGE 9156,
FILE NO. 79- 394359 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID
STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
PARCEL 1T
A STRIP OF LAND 60.00 FEET WIDE; THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:,
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 9156;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 3 NORTH 00 019'37" WEST (NORTHa
00 019'13" WEST RECORD), 7.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH
59 °03'46" EAST, 316.64 FEET TO THE BEGINNING OF A TANGENT 1200.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 27 042'21 ", A DISTANCE OF 580.27 FEET TO THE BEGINNING.
OF A REVERSING 1200.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
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NORTHEASTERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
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31 059'06 ", A DISTANCE OF 669.89 FEET TO THE BEGINNING OF A REVERSING 300.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID;
REVERSE CURVE THROUGH A CENTRAL ANGLE OF 44 002'45 ", A DISTANCE OF 230.62 FEET TO
THE BEGINNING OF A REVERSING 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE
NORTHEASTERLY AND EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 111 026'30 ", A DISTANCE OF 583.51 FEET; THENCE SOUTH 49 °15'44"
EAST, 346.00 FEET TO THE BEGINNING OF A TANGENT 1200.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 22 °10'30 ", A DISTANCE OF 464.43 FEET TO THE BEGINNING OF A
REVERSING 300.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY
AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73 019'3011,
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A DISTANCE OF 383.93 FEET; THENCE SOUTH 01 053'16" WEST, 371.95 FEET TO THE
BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 043'3511, A
9A
DISTANCE OF 199.88 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF PARCEL 4 OF:
SAID PARCEL MAP NO. 9156; DISTANT THEREON SOUTH 89 °35'44" WEST. (SOUTH'
89 036'01" WEST RECORD), 20.03 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 4.
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THE SIDELINES OF SAID 60.00 FOOT STRIP TO BE EXTENDED OR SHORTENED TO INTERS €CT
THE WESTERLY AND SOUTHERLY LINE OF SAID PARCEL 3 AND THE SOUTHERLY AND EASTERLY
LINE OF SAID PARCEL 4 OF SAID PARCEL MAP NO. 9156,
EXHIBIT "B"
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