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1989-580082I 1918 89 58.0 1 ot RECORDED REQUEST OF FIRST AMERICAN MLE CI F%-r- DrEi iN 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 } 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 f `7 rn, r ■ r Ili V r_ i 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 2 r r: M M,!: 0' v �f 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 3 Yom' �B 1921 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 4 -W, now r i ,.° M m w 1922 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 ) i cv r. ss. COUNTY OF SAN DIEGO //r On OCTOBER 18 , 19 89, before me, the undersigned, a 0 ; 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 • +'�,,��� „, r � Ai My Comm. Exp. Mar, 31, 1992) {I [ Notary Public for said State AG047LSW M' 5' _ f ti 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" ..m MEW y. . r r A k RK 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 f"; MOM NORTHEASTERLY ALONG THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF f 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, rt 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. T 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" ' 0083 /ej /LGLDR3 V m