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2014-101480 DOC ## 2014-0101480 Recording Requested By: ) MAR 14, 2014 8:39 AM OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 WAYS: 2 When Recorded Mail to: ) OC: NA 4 City Clerk ) PAGES. 29 r City of Encinitas ) ������1111111111 IN IIII 505 South Vulcan Avenue ) Encinitas, CA 92024 ) 0 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY IRREVOCABLE OFFER OF DEDICATION: PUBLIC SEWER EASEMENT ,ho ✓ f ✓ APNs.: 265-331-80 65-331-81 265-331-52 Improvement Plan #: 11646-I 265-331-57, & 265-331-46 DOCUMENTARY TRAIMR TAX$�=- Nicolas M Dean and Cheryl H Dean as community property with the right of survivorship (current vested owner of 265-331-80), M Hellrigel and Shem Patvna, wife and husband as joint tenants (current vested owner of 265-331-81)• Stephen B. Lew and Daryl Sue Nann Husband and Wife as community Property with Right of Survivorship (current vested owner of 265-331-52); Alissa E Blackledge and William A. Blackledge, Trustees of the Blackledge Family Trust Dated December 1, 2011 for the benefit of Alissa E Blackledge (current vested owner of 265-331-57); and James N. Houck and Cynthia A C Houck husband and wife as joint tenants (current vested owner of 265-331-46), hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby irrevocably offer to grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter calmed GRANTEE, a Public Sewer Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. t GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby REJECTED by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. The IRREVOCABLE OFFER OF DEDICATION shall remain open indefinitely and shall be subject to future acceptance by the City of Encinitas. —Zj; Glenn Pruim Date Director of Engineering and Public Works City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of On ?j— t I —?_6 (y , before me, PYI Ge.,,j 0!!t Vq . SI ai 6 n , Notary Public, DATE personally appeared G Ian n Pf U i ►-,n ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed t the within instrument and ackn ledged to me that h 'she/they executed the same inUher/their authorized capacity(ies), and that by hi her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ANGELA A. SIMON laws of the State of California that the foregoing N Comm.$2009314 ►� NOTMYPUBU -IWffONNYI =t paragraph is true and correct. su 01EO0 COUNTY W Caw.EV.WIN.2,2011 WITNESS my hand and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) F1 GUARDIAN/CONSERVATOR F1 OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT c THUMBPRINT $ OF E s SIGNER o 0 APA 1/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM C 2005-2008 VALLEY-SIERRA INSURANCE GRA OR(S): / /-t Nic I s M. an, r 265-331-80 Date C eryl H ean, Owner 265-331-80 Date ULJ l n M. Hellri el, O 2 5-3 1-81 Dat Shem Patyna, Owner 265- -81 Date ko2B. Levy, Own 65-331-52 Date IL Daryl e Nann, Owner 265-331-52 Date ` A I i s s a E. BIa.ckle -rustee 2 1-57 Da al 1 / _ William A. Blackledge, Trustee 265-331-57 Date Ja N. Houc , Owner 265-331-46 Date Z 272/ Cynt a A.C. Houck, Owner 265-331-46 Dat Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments "See alta n ched cert��cate GRA OR(S): Nic I s M. an, r 265-331-80 Date 0�� k I/9 l� C ery H an, Owne 265-331-80 Date ��� L� 1 ( 19 1� tuadn M. H611ri el, O 2 5-3S1-81 Dat Shem Patyna, Owner 265- -81 Date ipB. Ly, Own 65-331-52 Date I Daryl e Nann, Owner 265-331-52 Date t � Alissa E. Blackle rustee 2 - 1-57 Da 0 . / William A. Blackledge, Trustee 265-331-57 Date James N. Houck, Owner 265-331-46 Date Cynthia A.C. Houck, Owner 265-331-46 Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments "See of a R ched cert��cate SUBORDINATION AGREEMENT MIN# 1001419-0001108823-3 Phone#1-888-679-6377 WHEREAS, those parties concerned, Stephen B Levy and Daryl Sue Nann Husband and Wife as community property with right of survivorship, as �Or- and Equity Title Company as Trustee, desire to have the Deed of Trust Mortgage Electronic Registration Systems Inc as nominee for Americash its successors and assigns, P.O. A AS &C"-9fi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ) C State of California County of On Vic- r,A�,r ZZ O� before nn Date Here Insert Name a d Title of the Officer personally appeared ayz S lea( Hnr� 1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose names)&pde subscribed to the within instrument and acknowledged to me that(iee syre/tl 6y executed the same in DEREK KIMBLE is �r/their authorized capacity(), and that by Commission#� 1928478 )s r/tt}�ir signature,() on the instrument the < -s Notary Public-California i person(s), or the entity upon behalf of which the J�. San Diego County person(s) acted, executed the instrument. My Comm.Ex ires Mar 14,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: - I Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: myoec L le �r Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual I ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ) ❑ Trustee ❑Trustee ) ❑ Guardian or Conservator ❑ Guardian or Conservator ) ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: �" G'�_=4"�,5. "�ES��,"«" J/v" G i'"'c'�i„e%C i`e%G"�1.^'�-`.''�`5'�1',SuU"��.S��6. LSD') "«Sc�"�C"c ".'1v"c_%k"��C"r�CS«S�1'•c.�/.l��r^�_'.v"�- -I' m#5 7 CO 2010 National Notary Association•NationalNolary.org•1-800-US NOTARY(1-800-876-6827) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1 C State of California County of aN �� e `�6 ` � On �e�,�cry ZZ ZOfV before me, �Te I%1/a"'nlG Jvo1�✓ Pate Here Insert Name a and Title of the O cer personally appeared C ,�-h ic- d C /Zo r zc� Names)of Signer(s) i who proved to me on the basis of satisfactory evidence to be the person(#) whose namek�)� subscribed to the within instrument and acknowle ged to me that sh Mq executed the same in her oir authorized capacity(i�4`1 and that by DEREK KIMBLE e /tl dir signature(,a'j on the instrument the Commission#1928478 person(a), or the entity upon behalf of which the -r' Notary Public-California 2' person(pr) acted, executed the instrument. Z San Diego County M Comm.Ex fires Mar 14.2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Pub i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document y Title or Type of Document: ir-evocablr U��e1 �'J�C Document Date: Number of Pages: M Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Titie(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual i ❑ Partner — ❑Limited ❑ General To of thumb here ) ❑ Partner — ❑Limited F-1 General Top of thumb here p ❑ Attorney in Fact ❑Attorney in Fact ) ❑ Trustee ❑Trustee ) ❑ Guardian or Conservator ❑Guardian or Conservator ) ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Item#59007 97 ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) VF g i C'jA---1r'J'' o,4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On JAN 0 9 2014 before me, Walter E. Pueschel, a Notary Public personally appeared �i EDG,N-.(' / ►s•�}N �� .t?�L ��, J �1�/ who 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 acknowledged to me that he/she/th`y executed the same in hider/their authorized capacity(ies) and that by his&or/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and seal. TER E.PUESCNEL O>WAL Commiss i ;""Signature• ubiic •California Signature of Notary ubiic = r San Diego Ity a IM Comm. Expires it, a 7 WALTER E.PUESCNEL Commission#t 1981874 Notary Public•California Z '?' San Diego County Place Notary Seal Above M Comm.Ex Tres Jul 9,2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego JAN y 2014 On before me, Walter E. Pueschel, a Notary Public personally appeared ����� � r!E y y 17A1tyC J /V��o✓ . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heMft/thX executed the same in hWher/theft authorized capacity(ies) and that by ham•/they'_signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and seal. i WALTER E.PUESCNEL Signature: Commission# 1961874 i rP Notary PubliC-California Signature of No ry Public z San Diego County M Comm. E Tres Jul 9,2016 Place Notary Seal Above EXHIBIT "A" LEGAL DESCRIPTION APN: 265-331-80 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: ALL THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 7737, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 24, 1978, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 7737, DISTANT THEREON NORTH 73- 07 '50" WEST, 75.31 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE OF PARCELS 2 AND 1 OF SAID PARCEL MAP NO. 7737,NORTH 73° 0750" WEST, 170.48 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE THEREOF,NORTH 15° 01' 48" EAST, 364.94 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN QUITCLAIM DEED TO BERNARDO D. FINK, ET AL, RECORDED AUGUST 6, 1981 AS FILE/PAGE NO. 81-249884 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 73° 07° 42" EAST, 75.51 FEET; THENCE SOUTH 00° 33° '57" EAST, 380.03 FEET TO THE POINT OF BEGINNING. PARCEL B: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE EASTERLY AND SOUTHERLY 30.00 FEET OF THAT PORTION OF THE NORTHERLY 5 ACRES OF BLOCK 94, TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID POINT OF BLOCK 94 ON THE EAST AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 24 AND 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN SAID COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS OF LOTS 24 AND 27 INCLUSIVE PORTIONS OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OLIVENHAIN ON THE WEST AS VACATED AND CLOSED TO PUBLIC USE BEING MORE PARTICULARLY DESCRIBED IN DEED TO CHARLES ELMER MEREDITH, ET UX, RECORDED OCTOBER 17, 1960 AS FILE/PAGE NO. 205980 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF PARCEL A ABOVE. PARCEL C: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTALS THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER THAT PORTION OF THE WESTERLY HALF OF "C" STREET,NOW VACATED AND CLOSED TO PUBLIC USE, ADJOINING ON THE EAST BLOCK OF THE COLONY OF OLIVENHAIN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALBERT H. ACOSTA, ET AL, RECORDED DECEMBER 8, 1959 IN BOOK 8032, PAGE 53 OF, BEING A POINT ON THE EASTERLY LINE OF SAID WESTERLY HALF OF "C" STREET WHICH IS DISTANT 800 FEET SOUTHERLY FROM THE INTERSECTION OF THE SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF NINTH STREET PROLONGED ACCORDING TO MAP THEREOF NO. 326; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID ACOSTA LAND A DISTANCE OF 30 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF THE WEST HALF OF "C" STREET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 41 OF THE COLONY OF OLIVENHAIN; THENCE EASTERLY ALONG SAID PROLONGATION 30 FEET TO SAID EASTERLY LINE OF THE WESTERLY HALF OF "C" STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. PARCEL D: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THAT PORTION OF THE EASTERLY HALF OF "C" STREET, AS VACATED AND CLOSED TO PUBLIC USE LYING BETWEEN THE LOCATIONS AND PROLONGATIONS OF THE NORTHERLY LINE OF BLOCK 35 AND THE SOUTHERLY LINE OF BLOCK 41; ALL OF COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL E: AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THE SOUTHERLY 30.00 FEET OF PARCEL 2 OF PARCEL MAP NO. 7737. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A ABOVE DESCRIBED. PARCEL F: AN EASEMENT FOR WATER AND UTILITIES OVER THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF "C" STREET WITH THE CENTERLINE OF SEVENTH STREET AS SHOWN ON THE MAP OF COLONY OF OLIVENHAIN ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 15° 03' 50" EAST ALONG THE CENTERLINE OF SAID "C" STREET, 190.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO JOSEPH J. HOYES, ET UX, BY DEED RECORDED MAY 20, 1964 AS FILE/PAGE NO. 90359 OF OFFICIAL RECORDS; THENCE NORTH 73° 21' WEST ALONG THE SOUTHWESTERLY LINE OF SAID HOYES LAND 200.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO STANLEY J. LEWIS, ET UX, BY DEED RECORDED JANUARY 12, 1965 AS FILE/PAGE NO. 5525 OF OFFICIAL RECORDS; THENCE NORTH 73° 10' WEST ALONG THE SOUTHWESTERLY LINE OF SAID LEWIS LAND TO AND ALONG THE SOUTHWESTERLY LINE OF LAND CONVEYED TO STANLEY J. LEWIS BY DEED RECORDED JANUARY 12, 1965 AS FILE/PAGE NO. 5526 OF OFFICIAL RECORDS, A DISTANCE OF 415.00 FEET TO THE MOST WESTERLY CORNER THEREOF TO THE TRUE POINT OF BEGINNING; THENCE NORTH 15° 3' 50" EAST ALONG THE NORTHWESTERLY LINE OF SAID LAND 211.54 FEET TO THE SOUTHERLY LINE OF LAND CONVEYED TO F.W. LENTEN BY DEED RECORDED IN BOOK 271, PAGE 105 OF DEEDS; THENCE NORTH 73° 10' WEST ALONG THE SOUTHERLY LINE OF SAID TENTEN'S LAND 85.31 FEET TO A POINT WHICH IS SOUTH 73° 10' EAST A DISTANCE OF 175.00 FEET FROM THE EASTERLY LINE OF LAND DESCRIBED IN DEED TO HENRY LUX, ET UX, RECORDED JULY 11, 1921 IN BOOK 857, PAGE 94 OF DEEDS; THENCE SOUTH 33° 43 ' 40" WEST PARALLEL WITH THE EASTERLY LINE OF SAID LUX LAND TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF LAND, CONVEYED TO FRANCES CHILDRESS BY DEED RECORDED JUNE 24, 1963 AS FILE/PAGE NO. 109582 OF OFFICIAL RECORDS; THENCE SOUTH 73° 21' EAST ALONG SAID PROLONGATION TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 15° 03, 501, WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 15° 03' 50" EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF THE SOUTHWESTERLY 40.00 FEET THEREOF. THE ROUTE OF SAID EASEMENT IS DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERN MOST SOUTHERLY CORNER OF THE REAL PROPERTY DESCRIBED ABOVE, THENCE WESTERLY 20 FEET, THENCE NORTH 211 FEET, THENCE EAST 20 FEET, THENCE SOUTH 211 FEET TO THE POINT OF BEGINNING. DS O N&7665 � C �� CAt4 EXHIBIT "A" LEGAL DESCRIPTION APN: 265-331-81 PARCEL A: ALL THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 7737, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 24, 1976, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 7737; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 73° 07' 50" WEST, 75.31 FEET; THENCE NORTH 00° 33' 57" WEST, 380.03 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 7737, DISTANT THEREON SOUTH 730 07' 42" EAST, 75.51 FEET FROM THE NORTHWESTERLY CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP NO. 7737, SOUTH 73° 07' 42" EAST, 170.50 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 15° 03' 50" WEST, 364.93 FEET TO THE POINT OF BEGINNING. PURSUANT TO THAT CERTIFICATE OF COMPLIANCE RECORDED JANUARY 2, 1998 AS INSTRUMENT NO. 98-1035 OFFICIAL RECORDS. EXCEPT THEREFROM 50% ALL OIL, GAS, MINERAL AND OTHER HYDROCARBONS, AS RESERVED AND/OR GRANTED IN THE DOCUMENT(S) RECORDED AUGUST 6, 1981 AS INSTRUMENT NO. 81-249884, OFFICIAL RECORDS. PARCEL B: AN EASEMENT FOR ROAD AND UTILITY EASEMENT PURPOSES OVER THE EASTERLY AND SOUTHERLY 30.00 FEET OF THAT PORTION OF THE NORTHERLY 5 ACRES OF BLOCK 94, TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID PORTION OF BLOCK 94 ON THE EAST AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 24 AND 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALL IN SAID COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS OF LOTS 24 AND 27 INCLUSIVE PORTIONS OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OLIVENHAIN ON THE WEST AS VACATED AND CLOSED TO PUBLIC USE BEING MORE PARTICULARLY DESCRIBED IN DEED TO CHARLES ELMER MEREDITH, ET UX, RECORDED OCTOBER 17, 1960 AS FILE NO. 205980 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF PARCEL A ABOVE. PARCEL C: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTALS THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER THAT PORTION OF THE WESTERLY HALF OF "C" STREET NOW VACATED AND CLOSED TO PUBLIC USE, ADJOINING ON THE EAST BLOCK 94 OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO ALBERT H. ACOSTA, ET AL RECORDED DECEMBER 8, 1959 IN BOOK 8032, PAGE 53 OF OFFICIAL RECORDS, BEING A POINT ON THE EASTERLY LINE OF SAID WESTERLY HALF "C" STREET WHICH IS DISTANT 800 FEET SOUTHERLY FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF SAID NINTH STREET PROLONGED ACCORDING TO SAID MAP NO. 826; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID ACOSTA LAND A DISTANCE OF 30 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF THE WEST HALF OF "C" STREET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 41 OF THE COLONY OF OLIVENHAIN; THENCE EASTERLY ALONG SAID PROLONGATION 30 FEET TO SAID EASTERLY LINE OF THE WESTERLY HALF OF "C" STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. PARCEL D: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THE PORTION OF THE EASTERLY HALF OF "C" STREET, AS VACATED AND CLOSED TO PUBLIC USE LYING BETWEEN THE LOCATIONS AND PROLONGATIONS OF THE NORTHERLY LINE OF BLOCK 35 AND THE SOUTHERLY LINE OF BLOCK 41, ALL OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. 4� DS v S� X00��' No.7866 . Dp CALt�� EXHIBIT "A" LEGAL DESCRIPTION APN: 265-331-52 PARCEL 1: THE WESTERLY 246.00 FEET OF THE EASTERLY 492.00 FEET OF THAT PARCEL OF LAND IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 94; TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID PORTION OF BLOCK 94 ON THE EAST, AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND ALSO THOSE PORTIONS OF LOTS 24 TO 27 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, INCLUDING A PORTION OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OF OLIVENHAIN ON THE WEST, AS VACATED AND CLOSED TO PUBLIC USE AND A PORTION OF SAN DIEGO AVENUE ADJOINING LOT 92 OF COLONY OF OLIVENHAIN ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF "C" STREET AND THE CENTER LINE ON NINTH STREET IN COLONY OF OLIVENHAIN ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID INTERSECTION IS SHOWN ON RECORD OF SURVEY MAP NOS. 4807 AND 4901, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE ALONG SAID CENTER LINE OF "C" STREET, SOUTH 15° 03' 50" WEST, 1204.79 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY HALF OF SAID BLOCK 94; THENCE TO AND ALONG SAID SOUTHERLY LINE AND THE PROLONGATIONS THEREOF, NORTH 73° 10' WEST, 986.65 FEET, 985.31 FEET PER RECORD OF SURVEY MAP NO. 4807 TO THE CENTER LINE OF SAID SAN DIEGO AVENUE, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 73° 10' EAST, 986.65 FEET AND NORTH 15° 03' 50" EAST, 364 .38 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 800.00 FEET OF SAID BLOCK 94; THENCE ALONG SAID PROLONGATION SAID SOUTHERLY LINE AND THE WESTERLY PROLONGATION THEREOF, NORTH 73° 09' WEST, 240.21 FEET TO A LINE WHICH IS PARALLEL WITH AND 800.00 FEET SOUTHERLY AT RIGHT ANGLES FROM A LINE WHICH IS DRAWN THROUGH THE NORTHWEST CORNER OF SAID BLOCK 94 AT RIGHT ANGLES TO THE WEST LINE OF SAID BLOCK 94; THENCE ALONG SAID PARALLEL LINE NORTH 74° 56' 10" WEST, 746.08 FEET TO A LINE WHICH BEARS NORTH 15' 03' 50" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 15' 03' 50" WEST, 341.44 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTINGTHEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE ABOVE DESCRIBED LAND, DISTANT THEREON 137.00 FEET NORTHERLY FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE EASTERLY AT RIGHT ANGLES TO SAID WESTERLY LINE 123.00 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE EASTERLY TO A POINT ON THE EASTERLY LINE OF THE ABOVE DESCRIBED LAND, 125.00 FEET NORTHERLY FROM THE SOUTHEASTERLY CORNER OF SAID LAND. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE NORTHERLY 30 FEET AND THE EASTERLY 30.00 FEET OF THAT PORTION OF SAID BLOCK 94, AND SAID LOTS 24 AND 27 DESCRIBED IN DEED TO CHARLES ELMER MEREDITH, ET UX, RECORDED OCTOBER 17, 1960 AS FILE/PAGE NO. 205980 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 1/2 OF BLOCK 94 THE COLONY OF OLIVENHAIN. ALSO EXCEPTING THOSE PORTIONS LYING WESTERLY OF THE EASTERLY LINE OF PARCEL 1 DESCRIBED ABOVE. FURTHER EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL 1 AND THE EASTERLY PROLONGATION THEREOF. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTALS THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER THAT PORTION OF THE WESTERLY HALF OF "C" STREET, NOW VACATED AND CLOSED TO PUBLIC USE, ADJOINING ON THE EAST BLOCK 94 OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALBERT H. ACOSTA, ET AL, RECORDED DECEMBER 8, 1959 IN BOOK 8032, PAGE 53 OF OFFICIAL RECORDS, BEING A POINT ON THE EASTERLY LINE OF SAID WESTERLY HALF OF "C" STREET WHICH IS DISTANT 800.00 FEET SOUTHERLY FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF SAID NINTH STREET PROLONGED, ACCORDING TO MAP THEREOF NO. 326; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID ACOSTA LAND A DISTANCE OF 30.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF THE WEST HALF OF "C" STREET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 41 OF THE COLONY OF OLIVENHAIN; THENCE EASTERLY ALONG SAID PROLONGATION 30.00 FEET TO SAID EASTERLY LINE OF THE WESTERLY HALF OF "C" STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THAT PORTION OF THE EASTERLY HALF OF "C" STREET, AS VACATED AND CLOSED TO PUBLIC USE LYING BETWEEN THE LOCATIONS AND PROLONGATIONS OF THE NORTHERLY LINE OF BLOCK 35 AND THE SOUTHERLY LINE OF BLOCK 41, ALL OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL 5: AN EASEMENT FOR ROAD AND UTILITY LINES AND APPURTENANCES THERETO OVER THE SOUTHERLY 30 FEET OF THE EASTERLY 246.00 FEET OF THAT PARCEL OF LAND IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 94, TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID PORTION OF BLOCK 94 ON THE EAST, AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND ALSO THOSE PORTIONS OF LOTS 24 AND 27 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, INCLUDING A PORTION OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OF OLIVENHAIN ON THE WEST, AS VACATED AND CLOSED TO PUBLIC USE AND A PORTION OF SAN DIEGO AVENUE ADJOINING LOT 92 OF COLONY OF OLIVENHAIN, ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF "C" STREET AND THE CENTER LINE OF NINTH STREET IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID INTERSECTION IS SHOWN ON RECORD OF SURVEY MAP NOS. 4807 AND 4901, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE ALONG SAID CENTER LINE OF "C" STREET SOUTH 15° 03' 50" WEST, 1204.79 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OFTHE NORTHERLY HALF OF SAID BLOCK 94; THENCE TO AND ALONG SAID SOUTHERLY LINE AND THE PROLONGATIONS THEREOF NORTH 73° 10' WEST, 986.65 FEET 985.31 FEET PER RECORD OF SURVEY MAP NO. 4807 TO THE CENTER LINE OF SAID SAN DIEGO AVENUE, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 73' 10' EAST, 986.65 FEET AND NORTH 15' 03' 50" EAST, 364.38 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 800.00 FEET OF SAID BLOCK 94; THENCE ALONG SAID PROLONGATION, SAID SOUTHERLY LINE AND THE WESTERLY PROLONGATION THEREOF NORTH 73°09' WEST, 240.21 FEET TO A LINE WHICH IS PARALLEL WITH AND 800.00 FEET SOUTHERLY AT RIGHT ANGLES FROM A LINE WHICH IS DRAWN THROUGH THE NORTHWEST CORNER OF SAID BLOCK 94 AT RIGHT ANGLES TO THE WEST LINE OF SAID BLOCK 94; THENCE ALONG SAID PARALLEL LINE NORTH 74° 56' 10" WEST, 746.08 FEET TO A LINE WHICH BEARS NORTH 15'03' 50" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 15° 03' 50" WEST, 341.44 FEET TO THE TRUE POINT OF BEGINNING. D S ADO W0.7W f' U EXHIBIT "A" LEGAL DESCRIPTION APN: 265-331-57 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE WESTERLY 108.00 FEET OF THE EASTERLY 245.00 FEET OF THE FOLLOWING DESCRIBED LAND: THE NORTHERLY 5 ACRES OF BLOCK 94, TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID PORTION OF BLOCK 94 ON THE EAST AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVEHAIN, ACCORDING TO MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 24 AND 27 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS OF LOTS 24 AND 27 INCLUDING PORTION OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OLIVENHAIN ON THE WEST, AS VACATED AND CLOSED TO PUBLIC USE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 94; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 94, A DISTANCE OF 1200.00 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID LAST MENTIONED LINE 618.00 FEET TO THE CENTER LINE OF SAN DIEGO AVENUE AS SAID A VENUE IS SHOWN ON SAID MAP NO. 326, SAID AVENUE IMMEDIATELY ADJOINS LOT 92 ON THE EAST, AS SHOWN ON SAID MAP NO. 326; THENCE NORTHERLY PARALLEL WITH SAID WESTERLY LINE OF BLOCK 94 TO A POINT IN A LINE WHICH BEARS WESTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID BLOCK 94 FROM THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LINE 618.00 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED LAND, THE NORTHERLY 931.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDARY OF THE FOLLOWING DESCRIBED LAND: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF "C" STREET AND THE CENTER LINE OF 9TH STREET OF COLONY OF OLIVENHAIN, ACCORDING TO MAP NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID INTERSECTION IS SHOWN ON RECORD OF SURVEY MAPS NO.S 4807 AND 4901, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SAID CENTER LINE OF "C" STREET, SOUTH 15" 03° 50" WEST 1204.79 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY HALF OF SAID BLOCK 94; THENCE TO AND ALONG SAID SOUTHERLY LINE AND THE PROLONGATION THEREOF NORTH 73° 10' 00" WEST 986.65 FEET (985.31 FEET PER RECORD OF SURVEY MAP NO. 4807) TO THE CENTER LINE OF SAID SAN DIEGO AVENUE, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 73° 10' 00" EAST 758.92 FEET TO THE WESTERLY LINE OF SAID BLOCK 94 OF COLONY OF OLIVENHAIN; THENCE ALONG SAID WESTERLY LINE SOUTH 15' 03' 50" WEST 35.16 FEET TO A POINT WHICH IS DISTANT SOUTH 15° 03' 50" WEST ALONG SAID WESTERLY LINE 1200.00 FEET FROM THE NORTHWEST CORNER OF SAID BLOCK 94 BEING THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO F.W. TETEN, RECORDED IN BOOK 271, PAGE 105 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTH 94° 56' 10" WEST (RECORD AT RIGHT ANGLES WEST) 758.56 FEET TO SAID CENTER LINE OF SAN DIEGO AVENUE; THENCE NORTH IS°03' 50" EAST 58.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROADS AND PUBLIC UTILITIES AND INCIDENTALS THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER THAT PORTION OF THE WESTERLY HALF OF "C" STREET, NOW VACATED AND CLOSED TO PUBLIC USE, ADJOINING ON THE EAST, BLOCK 94 OF COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALBERT H. ACOSTA, ET AL, RECORDED DECEMBER 8, 1959, IN BOOK 8032, PAGE 53 OF OFFICIAL RECORDS, BEING A POINT ON THE EASTERLY LINE OF SAID WESTERLY HALF OF "C" STREET WHICH IS DISTANT 800.00 FEET SOUTHERLY FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF NINTH STREET PROLONGED ACCORDING TO SAID MAP NO. 326; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID ACOSTA LAND A DISTANCE OF 30.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF THE WEST HALF OF "C" STREET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 41 OF THE COLONY OF OLIVENHAIN; THENCE EASTERLY ALONG SAID PROLONGATION 30.00 FEET TO SAID EASTERLY LINE OF THE WESTERLY HALF OF "C" STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF THE EASTERLY 30.00 FEET OF THE WESTERLY HALF OF "C" STREET AS VACATED AND CLOSED TO PUBLIC USE LYING NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED AND LYING SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 2 HEREINABOVE DESCRIBED, ALL OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885. PARCEL 4: AN EASEMENT AND RIGHTOFWAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE SOUTHERLY 30.00 FEET OF THE EASTERLY 246.00 FEET OF THE FOLLOWING DESCRIBED LAND: THE NORTHERLY 5 ACRES OF BLOCK 94, TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID PORTION OF BLOCK 94 ON THE EAST AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 24 AND 27 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS OF LOTS 24 AND 27 INCLUDING PORTION OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OF OLIVENHAIN ON THE WEST, AS VACATED AND CLOSED TO PUBLIC USE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 94; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 94, A DISTANCE OF 1200.00 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID LAST MENTIONED LINE 618.00 FEET TO THE CENTER LINE OF SAN DIEGO AVENUE AS SAID AVENUE IS SHOWN ON SAID MAP NO. 326, SAID AVENUE IMMEDIATELY ADJOINS LOT 92 ON THE EAST, AS SHOWN ON SAID MAP NO. 326; THENCE NORTHERLY PARALLEL WITH SAID WESTERLY LINE OF BLOCK 94 TO A POINT IN A LINE WHICH BEARS WESTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID BLOCK 94 FROM THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LINE 618.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL I HEREINABOVE DESCRIBED. PARCEL 5: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSE OVER THAT PORTION OF THE EASTERLY HALF OF "C" STREET, AS VACATED AND CLOSED TO PUBLIC WAS LYING BETWEEN THE LOCATIONS AND PROLONGATIONS OF THE NORTHERLY LINE OF BLOCK 35 AND THE SOUTHERLY LINE OF BLOCK 41, ALL OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. Ds ND.7866 T '�OjvCAL4 EXHIBIT "A" LEGAL DESCRIPTION APN: 265-331-46 PARCEL 1: THE EASTERLY 246.00 FEET OF THE FOLLOWING DESCRIBED LAND: THE NORTHERLY 5 ACRES OF BLOCK 94, TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET IMMEDIATELY ADJOINING SAID PORTION OF BLOCK 94 ON THE EAST AS VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 24 AND 27 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTIONS OF LOTS 24 AND 27 INCLUSIVE PORTION OF "B" STREET ADJOINING SAID BLOCK 94 OF COLONY OF OLIVENHAIN ON THE WEST AS VACATED AND CLOSED TO PUBLIC USE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 94; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 94, A DISTANCE OF 1200.00 FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID LAST MENTIONED LINE 618.00 FEET TO THE CENTER LINE OF SAN DIEGO AVENUE AS SAID AVENUE IS SHOWN ON SAID MAP NO. 326, SAID AVENUE IMMEDIATELY ADJOINS LOT 92 ON THE EAST, AS SHOWN ON SAID MAP NO. 326; THENCE NORTHERLY PARALLEL WITH SAID WESTERLY LINE OF BLOCK 94 TO A POINT IN A LINE WHICH BEARS WESTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID BLOCK 94 FROM THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LINE 618.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED LAND, THE NORTHERLY 800.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 931.00 FEET THEREOF. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROADS AND PUBLIC UTILITIES AND INCIDENTALS THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER THAT PORTION OF THE WESTERLY HALF OF "C" STREET, NOW VACATED AND CLOSED TO PUBLIC USE, ADJOINING ON THE EAST BLOCK 94 OF COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALBERT H. ACOSTA; ET AL, RECORDED DECEMBER 8, 1959, IN BOOK 8032, PAGE 53 OF OFFICIAL RECORDS, BEING A POINT ON THE EASTERLY LINE OF SAID WESTERLY HALF OF "C" STREET WHICH IS DISTANT 800.00 FEET SOUTHERLY FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE SOUTHERLY LINE OF NINTH STREET PROLONGED ACCORDING TO SAID MAP NO. 326; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID ACOSTA LAND A DISTANCE OF 30.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF THE WEST HALF OF "C" STREET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 41 OF THE COLONY OF OLIVENHAIN; THENCE EASTERLY ALONG SAID PROLONGATION 30.00 FEET TO SAID EASTERLY LINE OF THE WESTERLY HALF OF "C" STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THAT PORTION OF THE EASTERLY HALF OF "C" STREET, AS VACATED AND CLOSED TO PUBLIC USE LYING BETWEEN THE LOCATIONS AND PROLONGATIONS OF THE NORTHERLY LINE OF BLOCK 35 AND THE SOUTHERLY LINE OF BLOCK 41, ALL OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. g�N DS 1r.7f66 4�Op CAL�4� Page 1 of 2 EXHIBIT `B' PUBLIC SEWER EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA TOGETHER WITH THAT PORTION OF B STREET AND THE WESTERLY HALF OF C STREET BOTH VACATED AND CLOSED TO PUBLIC USE IN COLONY OF OLIVENHAIN ACCORDING TO MAP THEREOF NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY TOGETHER WITH THAT PORTION OF BLOCK 94 IN COLONY OF OLIVENHAIN ACCORDING TO SAID MAP NO. 326 TOGETHER WITH THAT PORTION OF PARCEL 1 AND PARCEL 2 ACCORDING TO PARCEL MAP NO. 7737 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF 7TH STREET AND C STREET IN COLONY OF OLIVENHAIN, ACCORDING TO SAID MAP NO. 326 AND AS SHOWN ON PARCEL MAP NO. 13769 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE NORTHERLY ALONG SAID CENTERLINE OF VACATED C STREET NORTH 15 032'28" EAST 401.04 FEET TO THE INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 5 ACRES OF SAID BLOCK 94 OF COLONY OF OLIVENHAIN ACCORDING TO MAP NO. 326 BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE OF VACATED C STREET NORTH 15 032'28" EAST 364.82 FEET TO THE INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 800 FEET OF SAID BLOCK 94; THENCE LEAVING SAID CENTERLINE OF C STREET ALONG SAID EASTERLY PROLONGATION NORTH 72 036'52" WEST 30.02 FEET TO A POINT DISTANT THEROEON 30.00 FEET WESTERLY OF SAID CENTERLINE OF C STREET MEASURED AT RIGHT ANGLES; THENCE PARALLEL TO SAID CENTERLINE OF C STREET SOUTH 15 032'28" WEST 334.81 FEET TO A POINT DISTANT THEREON 30.00 FEET NORTHERLY OF SAID EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 5 ACRES OF SAID BLOCK 94; THENCE WESTERLY PARALLEL TO SAID EASTERLY PROLONGATION Page 2 of 2 PUBLIC SEWER EASEMENT LEGAL DESCRIPTION (CONT) NORTH 72 037'00" WEST 708.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1 OF PARCEL MAP NO. 7737; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 15 032'38" WEST 30.02 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 7737 BEING A POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 5 ACRES OF SAID BLOCK 94; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND PARCEL 2 AND SAID WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 5 ACRES OF SAID BLOCK 94 SOUTH 72 037'00" EAST 738.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 32,185 SQUARE FEET, MORE OR LESS. NOD No.7865 '��CALL4t''' EXH/B/T 'C' PUBLIC SEWER EA SEMEN T SLY LINE NLY 800'BLOCK 94/¢ol/,to/ LO 24 LOT 27 � APN 2P C / 65-390-28 ' / l h ' N 46 DD / v l �PN 265-331-73'� l APN 265-331 5 30 WIDE SEWER FACLITY AND L7 �, /rQ MAINIENAN GR TED�ON h / , 30' , � I TRO.B. IgPN l ��J I 7 ¢¢l APN 265-331 14 / l S'L Y LINE N'L Y 5 " �e� - S l :� ACRES BLOCK 94 P.O.B. l l l ,� SHEET I / N j,AND SU�y LINE BEARING DISTANCE IN Nj `- 8�+ �0 v p 'tlo O L2 N 153228 E 364.82 No.76 L3 N 723652'E 30.02 ti L4 N 153228 E 334.81 ' R U N 7237'00'E 708.00' 1"=200'N 1532'28'E 30.02'N 7237'00'E 738.02' 0 100 200 400 M NOTES• •- SAMPO ENGINEERING, INC. 1. BOUNDARY INFORMAPON CALCULATED PER PARCEL JU3F9rMF= ENCINIIA5� CA 9M4 MAP 13769 PM 7737, AND GRANT DEED RECORDED JUNE a: (760)436-0660 FAX (760)4J6-0659 6, 2003 A�DOCUMENT NO. 2003-0671379, O.R. JN, 13-107 GUSTAFSON 3 EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said sewer lines or structures incidental thereto. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of- way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their own risk, use the -surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right-of-way any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of sewer easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor.