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2014-96600 D O C # 2014-0096600 III 111111111111 1111111111111111111111111 1111 IN Recording Requested By: ) MAR 11 , 2014 4:35 PM City Engineer ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded, Mail To: ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER t ) FEES: 103.00 r> City Clerk ) PAGES: 30 City of Encinitas 505 ) I��III��III��III I�II�VIII��III�IIII VIII��III��III I�III II�II��III��III�IIII I II I��I \ 505 South Vulcan Avenue ) I, Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ` SEWER FACILITY OPERATION AND MAINTENANCE AGREEMENT V f A APNs.: 265-331-43, 265-331_-52 Improvement Plan* 11646-1 265-331-Wand 265-331-18 This Agreement is entered into, by and between Nicolas M. Dean and Cheryl H. Dean, as community property with the right of survivorship (current vested owner of 265-331-80); Stephen B Levy and Daryl Sue Nann Husband and Wife as community Property with Right of Survivorship (current vested owner of 265-331-52) Esquiline, Inc. a California Corporation (current vested owner of 265-331-43) and Michael David Dralle, a Single Man (current vested owner of 265-331-184("Owners") and the City of Encinitas, ("City") a municipal corporation. Owners and City shall be collectively referred to as the "parties". WHEREAS, Owners are the record owners of certain real property located on Whisper Wind Lane in Encinitas, California, identified as A.P.N.s 265-331-43, 265-331-52, 265-331-80, and 265-331-18 and as fully described in Exhibit"A"which is attached hereto and made a part hereof; and is/are the owner(s) of various Private Road and Utility Easements along the corridor in which improvements are to be built(the "Property")which is described in Exhibit "B" and shown in Exhibit"C"which is attached hereto and made a part hereof; and WHEREAS, Owners desire to install a private sewer main, private gravity sewer and all appurtenances thereto on the aforesaid Property (collectively known as"Private Sewer Facilities")to provide for the discharge of the effluent from the aforesaid premises to the City's gravity main infrastructure located in the Right-of-Way and/or Public Sewer Easement at Whisper Wind Drive in the City of Encinitas, California; and WHEREAS, the City and Owners wish to set forth the agreed upon terms and conditions in this Agreement, which concerns the installation, operation and maintenance of the Private Sewer Facilities. NOW THEREFORE, for and in consideration of the mutual promises contained herein and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. TERM The City shall allow the Owners to discharge effluent through the Owner's Private Sewer Facilities and into the City's gravity sewer main connected to the Cardiff Sanitation District ("CSD") gravity main or the City's manhole, as long as the following conditions are satisfied: (i) City and CSD facilities remain in service and available; (ii) City and CSD facilities have sufficient capacity to convey the discharge of effluent from Owner's Private Sewer Facilities; (iii) the Owners have not caused or allowed any other connections of a private sewer main, pump station or private lateral to City and CSD Facilities without the prior express written consent of the City and applicable Wastewater Discharge Fees be paid by connecting party; and (iv) Owners have not breached any term in this Agreement. The commencement date upon which such right is granted shall be the date of the last authorized signature (the "Term"). 2. OWNER'S RESPONSIBILITIES: (i) Owners, its successors, heirs, and assigns shall, at its own cost and at no cost to the City, assume all responsibility and liability for the installation, operation, maintenance, design, repair and replacement of the Private Sewer Facilities, including, but not limited to, those placed in the City's right-of-way; (ii) Owners shall cause the plans and specifications for its private utility improvements, including, but not limited to, the Private Sewer Facilities, which it intends to be placed within the City's rights-of-way, Irrevocable Offer of Dedication for Public Sewer Easement and the private road known as Whisper Wind Lane and Whisper Wind Drive, to be reviewed and approved by the Engineering Services Department. Owners shall construct said private facilities in accordance with approved Improvement Plan 11646-1. The private sewer infrastructure shall be built to the same standard as if it were a public sewer main, owned by the City. Additionally, Owners shall, prior to the start of any work, obtain a public improvement permit("the Permit) for the construction and inspection of the proposed improvements, and provide the City with the required financial surety in the amount of the approved Engineers Cost Estimate. (iii) Owners shall timely obtain all necessary approvals, including any approvals required by the City of Encinitas, for construction and operation of the Private Sewer Facilities. Owners shall also meet all applicable local, state and federal laws and regulations pertaining to construction, maintenance and/or operation of the Private Sewer Facilities. (iv) Owners represents and warrants that all utility improvements, including, the Private Sewer Facilities, will be constructed, designed, and installed in accordance with city Standards and Improvement Plan 11646-I. (vi) Owners shall timely pay all appropriate fees and service charges that are required by City Ordinance including but not limited to Wastewater Capacity Fees and prorated annual service charges. (vii) Owners shall reimburse the City for any and all reasonable costs, labor, charges, and expenses associated with the City's excavation and investigation of leaking private facilities located in the public right-of-way that are determined by the City to be owned, maintained, and operated by Owners. (viii) Owners shall be liable to the City for all costs, fines, charges, fees, and expenses associated with, arising out of or related to the City's response to any calls to the Department requesting the City to contain, remove, sanitize or clean-up any effluent discharged from leaks or damaged private main or private facilities and Owners shall be liable to the City for any and all reasonable repairs made to Owner's private main and/or private facilities, and shall indemnify the City, its departments, employees, representatives, and officials from and against any and all claims based on any theory of liability, including, but not limited to, property damage, personal injury, or death, reasonable attorney's fees, costs and expenses. (ix) Owners agrees that the City shall have the ability to take ownership and responsibility of the Private Sewer Facilities at a time after the City is able to secure Public Sewer Easements over, under, and across the land in which said Private Sewer Facilities lay. The transfer of ownership from the Owners to the City will occur at the time the City begins the perpetual maintenance of the said Private Sewer Facilities, however all sewer laterals will remain privately owned and maintained. This clause shall be part of any future private maintenance agreements between the Owners and any other property owners wishing to connect to the private system. Other property owners wishing to connect to these Private Sewer Facilities shall obtain a Wastewater Discharge Permit from the City after paying the applicable fees prior to connection to the sewer main. The Owners may, at the time of transfer of ownership, apply for the formation of a Sewer Construction Reimbursement Agreement with the City provided that all requirements of the City of Encinitas Administrative Manual Policy Number G042, which is attached hereto as Exhibit"D" and made a part hereof, are met. City staff may not recommend to the City Council that the Reimbursement Agreement be approved if all conditions of the said policy are not met. 3. CITY'S RESPONSIBILITIES: The City's sole responsibility is that it shall, provided that all conditions precedent have been fully satisfied to the sole discretion of the City, allow the Private Sewer Facilities to discharge into the City's gravity main infrastructure located in the Right-of-Way/Public Sewer Easement at Whisper Wind Drive in the City of Encinitas, California; and It is expressly understood by the Parties, that the City shall not be responsible for any costs, fees, expenses, or parts thereof, for the design, construction, installation, maintenance, operation, use, damage, or repair of any kind and for whatever reason of Owner's private sewer utility improvements, including, its Private Sewer Facilities. 4. INDEMNIFICATION: Owners, its successors, heirs and assigns, agree to now and forever, save, indemnify, defend and hold harmless the City, its officials, employees and agents, from and against any and all claims based on any theory of liability, including, but not limited to, claims for damages, fees, charges, penalties, fines, costs, personal injury, death, or arising from the design, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal or abandonment of CSD's and/or the City's facilities. Owners, its successors, heirs, and assigns further agree to now and forever save, indemnify, defend and hold harmless the City, its officials, employees and agents, from and against any and all claims, damages, fees, charges, penalties, fines, costs and liabilities arising from or related to this Agreement, or alleged to arise from, or in any way relating to, the design, installation, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal, or abandonment of the Private Sewer Facilities, and from and against any and all claims for damages, penalties, fines, fees, costs and claims relating to environmental pollution and unlawful discharges of sewage resulting form or relating to the operation, malfunction, leakage or breakage of the Private Sewer Facilities. 5. UNAUTHORIZED CONNECTION STRICTLY PROHIBITED: Owners understands and agrees that no other sewer lines from other parcels of land may connect to the Private Sewer Facilities without the express prior written consent from the City's Engineering Services Department, which such approval shall be within the sole discretion of the City. Each future connection to the Private Sewer Facilities shall be inspected and constructed to the City's Public Standard and a Sewer Lateral Construction permit shall be obtained. It is further understood and agreed that no subdivided or re-subdivided parcels involving the Property may in any way utilize the Private Sewer Facilities without the express prior written consent of the City. 6. MANDATORY CONNECTION TO CITY SEWER SYSTEM Owners shall cause the Property to be connected to the City's gravity sewer main and the City's sewer utility infrastructure when the same becomes available to the Property at the discretion of the Engineering Services Director or designee. Owners shall at that time be required to pay all applicable fees or charges related thereto, including, but not limited to, pro rata fees or charges pursuant to Encinitas Municipal Code. 7. MISCELLANEOUS: This Agreement shall be binding on Owners, its heirs, successors and assigns and shall run with the land currently identified as Assessor's Tax Map Parcel No. 265-331-43. 265-331- 52. 265-331-80. and 265-331-18 and as described in Exhibit"A" except for any portion(s) thereof which are dedicated to the City of Encinitas. This Agreement constitutes the final understanding between the Parties. This Agreement shall be governed, interpreted and enforced by the laws of the City of Encinitas and any disputes arising out of or related hereto shall be heard in the courts containing competent jurisdiction. Dated this day of 70-&-v ' 20i. OWN S Nicholas M. Dean, O ne 5-331-80 Date Cheryl H. Dean, Owner 265-331-80 Date &- (rvo ! "J en B. L vy, Owner 26 1-52 Date Daryl S Nann, Owner 265-331-52 Daie Christine M. Handley Date for Esquiline, Inc., Owner 265-331-43 / q ZZoi Michael Dralle, Owrier 265-331-18 Date (Signature of Owners to be notarized. Attach the appropriate acknowledgement). CITY: 644'-�- 311 y Glenn Pruim Date' Director of Engineering and Public Works City of Encinitas "See attached cediflcateR 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 S-reem l L E �,� ��lt�'L ��� E✓i✓ E 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 haLghe/thee executed the same in his4i-er/thsx authorized capacity(ies) and that by hisA3er/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. WALTER E.PUESCNEL Signature: =f` ` Commission# 1981874 -. Notary Public-California Signature of Nota ublic i � _ San 0 CiOUn �0 h My Comm. Expires Jul 9,2016 Place Notary Seal Above ALL-PURPOSE ACKNOWLEDGMENT State of California , SS. County of SC,.YV 'bI e.�0 On before me, S► m Or) Notary Public, DATE n personally appeared-&�e-n n Pr u 1 vyl ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is are subscribed the within instrument and ac wledged to me that6she/they executed the saVeVs/ er/their a uthorized capacity(ies), and that by eir 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 LANGELA A. SIMON laws of the State of California that the foregoing NOT,P PMIC C"OW V1 paragraph is true and correct. SM DIEGO COuIm►Caw.EBP.MAR.2,2017 WITNESS my hand and official seal. (A� 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 PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: v NAME OF PERSON(S)OR ENTITY(IES) RIGHT c THUMBPRINT g OF e s SIGNER a �° APA 1/2012 NOTARY BONDS,SUPPLIES AND FORMS ATH'FTP://WWW.VAL,LEY-SIERRA.COM X 2005-2008VALLEY-SIERRAINSUPANCE 52, 265-331-80, and 265-331-18 and as described in Exhibit "A" except for any portion(s) thereof which are dedicated to the City of Encinitas. This Agreement constitutes the final understanding between the Parties. This Agreement shall be governed, interpreted and enforced by the laws of the City of Encinitas and any disputes arising out of or related hereto shall be heard in the courts containing competent jurisdiction. Dated this day of 20_ OWNERS: Nicholas M. Dean, Owner 265-331-80 Date Cheryl H. Dean, Owner 265-331-80 Date Stephen B. Levy, Owner 265-331-52 Date DVau an n, wner 265-331- Date Christine M. Handley Date for Esquiline, Inc., Owner 265-331-43 Michael Dralle, Owner 265-331-18 Date (Signature of Owners to be notarized. Attach the appropriate acknowledgement). CITY:�Z Z- 3 /1 /`/ lenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �� u On ZG., n��G' O/'� before me, A�vn;S sc-1_4)J_�/_ ate ) Here Insert Name and Title of the Officer personally appeared C YL/ ���0/ �e r Vs1�i4:),T► h Ca . Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4*whose name(,-is/awsubscribed to the within instrument and acknowledged to me that -he/she/they executed the same in hisfher/their authorized DERMS SCFNLLER capacity(ies,, and that by hisiher/their signature(ej-on the Commission#r 1918832 instrument the person(s),-or the entity upon behalf of Notary Public California which the person(,$)acted, executed the instrument. orange Coup 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. A Slgnatt ira 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General MEMO ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 52, 265-331-80, and 265-331-18 and as described in Exhibit "A" except for any portion(s) thereof which are dedicated to the City of Encinitas. This Agreement constitutes the final understanding between the Parties. This Agreement shall be governed, interpreted and enforced by the laws of the City of Encinitas and any disputes arising out of or related hereto shall be heard in the courts containing competent jurisdiction. Dated this day of 020A. 0 OWNE S: Njl/�- / /�A Z4- Nicho as M. Dean Owne 65-331-80 Date ak'IL"L (/Y /�r C eryl H ean, Owner 265-331-80 Date Stephen B. Levy, Owner 265-331-52 Date Daryl Sue Nann, Owner 265-331-52 Date Christine M. Handley Date for Esquiline, Inc., Owner 265-331-43 Michael Dralle, Owner 265-331-18 Date (Signature of Owners to be notarized. Attach the appropriate acknowledgement). CITY: Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 t^'.�^n�:��2cKr.�ef'� a �. > > � � a �. �..i,(-.�z�.[:c`'..e:2c�f�.Zvcv�nc�..�..��rc:C�-.c-:Er.[�c:Y•cr� � a a a c t I State of California County of On T'A41w. ''1 Ul`1 before me, Rnb�r� ►A. W&'. l� � �1'c��t y Date /� Here Insert Name and Title of the Officer personally appeared N t c W�.s t`1 Di 4 h L N er v I De g n Name(s)of Signe s) who proved to me on the basis of satisfactor evidence to be the persore whose nam ( }"s 4/ rd subscribed to the within instrument and acknowledged to me that Ib/s'te executed the same in h S/h�r(oe- authorized capacit ie , and that by ROBERT M.NULL his/her hLet signaturEo on the instrument the C°minissl°^•2010100 persornor the entity upon behalf of which the Nowt'pvmt-CWO MM person cted, executed the instrument. 4 son 011111111110 C011" Cmm.ExOm Mu 20 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd official seal. Signature: h N,,V- 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: I 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): ) . I ❑ Individual ❑ Individual F-1 Partner — El Limited ❑General Top of thumb here El Partner — El Limited ❑ General Top of thumb here I ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Trustee I El or Conservator Guardian or Conservator ) I ❑ Other: ❑Other: I Signer Is Representing: Signer Is Representing: .i I U 2010 National Notary Association•NationatNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 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° 07' 50" 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° 2FEAST ALONG SAID PROLONGATION TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 15° 03, 50" 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. ND s ky L. fiq,�X10 A \ No.7655 CAL�4�c 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 6 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. Ds 0 W.7M s�9�Op CA�4�� EXHIBIT "A" LEGAL DESCRIPTION APN: 265-431-43 ALL THAT CERTAIN REAL PROPERTY SITUADED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH 5 ACRES OF LOT 94 COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885 AND THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE 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, TOGETHER WITH A PORTION OF "B" STREET AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF 'C' STREET WITH THE CENTER LINE OF SEVENTH STREET, SAID POINT ALSO BEING ON THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO CONRAD I. MARKLEY, RECORDED JUNE 4, 1962 AS FILE NO. 95185 SERIES 3, BOOK 1962 OF OFFICIAL RECORDS; THENCE NORTH 15°03'50' EAST ALONG THE CENTER LINE OF SAID 'C' STREET A DISTANCE OF 190.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO JOSEPH J. HAYES, ET UX, BY DEED RECORDED MAY 20, 1964 SERIES 5, BOOK 1964 AS FILE NO. 90359 OF OFFICIAL RECORDS; THENCE NORTH 73°21' WEST ALONG THE SOUTHWESTERLY LINE OF SAID HAYES LAND 200.00 FEET TO THE MOST WESTERLY CORNER THEREOF AND THE TRUE POINT OF BEGINNING; THENCE NORTH 15°03'50' EAST ALONG THE NORTHWESTERLY LINE OF SAID HAYES LAND 211.54 FEET(RECORD 210.90 FEET MORE OR LESS) TO A POINT ON THE NORTH LINE OF SAID SOUTH 5 ACRES OF LOT 94; THENCE NORTH 73°10' WEST ALONG THE NORTHERLY LINE OF SAID SOUTH 5 ACRES 67.75 FEET TO THE SOUTHEASTERLY CORNER OF A 17 ACRE TRACT CONVEYED TO F.W. TETEN, BY DEED RECORDED IN BOOK 271, PAGE 105 OF DEEDS; THENCE CONTINUING NORTH 73'10' WEST ALONG THE SOUTHERLY LINE OF SAID TETEN'S LAND 139.75 FEET; THENCE SOUTH. 15°03'50' WEST 211.54 FEET TO AN INTERSECTION WITH A LINE THAT- BEARS NORTH 73°10' WEST 207.50 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 73°10' EAST 207.50 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHWESTERLY 100.00 FEET THEREOF g� Ds 0 No.7655 ��'��CA1.14�4�D PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS, PUBLIC UTILITIES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN A STRIP OF LAND 20.00 FEET IN WIDTH, THE NORTHWESTERLY LINE OF SAID 20.00 FOOT STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 ABOVE; THENCE SOUTH 15 003'50" WEST 100.00 FEET. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, PUBLIC UTILITIES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTH 5 ACRES OF LOT 94 OF COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE Of.CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JULY 8, 1885, AND THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO r EXHIBIT "A" LEGAL DESCRIPTION APN: 265-331-18 PARCEL 1: THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE 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, DESCRIBEDAS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF CENTER LINE OF THE "C" STREET WITH THE CENTER LINE 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, 1865; THENCE NORTH 150 03' 50" EAST ALONG THE CENTER LINE 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, SERIES 5, BOOK 1964, AS FILE 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, SERIES 6, BOOK 1965, AS FILE NO. 5525 OF OFFICIAL RECORDS; THENCE NORTH 73° 10' WEST ALONG THE SOUTHWESTERLY LINE OF SAID LEWIS TO AND ALONG THE SOUTHWESTERLY LINE OF LAND CONVEYED TO STANLEY J. LEWIS BY DEED RECORDED JANUARY 12, 1965, SERIES 6, 1965, AS FILE 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 150 03' 50" EAST ALONG THE NORTHWESTERLY LINE OF SAID LAND 211.54FEET TO THE SOUTHERLY LINE OF LAND CONVEYED TO F.W. TENTEN BY DEED RECORDED IN BOOK 271, PAGE 105 OF DEEDS; THENCE NORTH 730 10' WEST ALONG THE SOUTHERLY LINE OF SAID TENTEN'S LAND 85.31 FEET TO A POINT WHICH IS SOUTH 730 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, SERIES 4, BOOK 1963, AS FILE NO. 109582 OF OFFICIAL RECORDS; THENCE SOUTH 730 21' EAST ALONG SAID PROLONGATION TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 150 03' 50" WEST FROM THE TRUE POINT OF BEGINNING; T'HENCE NORTH 150 03' 50" EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF THE SOUTHWESTERLY 40.00 FEET THEREOF. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, PUBLIC UTILITIES AND APPURTENANCES THERETO TO BE USED IN COMMON WITH THE GRANTORS AND OTHERS OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTH 5 ACRES OF LOT 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, AND THAT PORTION OF LOT 27 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE 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, TOGETHER WITH A PORTION OF "B"AND "C" STREETS AND THE NORTH HALF OF SEVENTH STREET AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF SAID "C" STREET WITH THE CENTER LINE OF SAID SEVENTH STREET; THENCE ALONG THE CENTER LINE OF SAID SEVENTH STREET, SOUTH 73° 21' EAST TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 35 OF SAID MAP 326; THENCE NORTH 150 04' EAST 40.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 35; THENCE NORTH 73° 21' WEST ALONG THE SOUTHERLY LINE OF SAID LOT AND THE WESTERLY PROLONGATION THEREOF 342.30 FEET TO THE CENTER LINE OF SAID "C" STREET; THENCE NORTH 150 03' 50" EAST ALONG SAID CENTER LINE 150.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO JOSEPH J. HOYES, ET UX, BY DEED RECORDED MAY 20, 1964, SERIES 5, BOOK 1964, AS FILE NO. 90359 OF OFFICIAL RECORDS; THENCE NORTH 73° 21' WEST ALONG THE SOUTHWESTERLY LINE OF SAID HOYES LAND, 200.00 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 73° 10' WEST 435.00 FEET; THENCE SOUTH 150 03' 50" WEST TO AN INTERSECTION WITH A LINE THAT BEARS NORTH 73° 21' WEST FROM THE MOST NORTHERLY CORNER OF LAND CONVEYED TO FRANCES CHILDRESS BY DEED RECORDED JUNE 24, 1963, SERIES 4, BOOK 1963 AS FILE NO. 109582 OF OFFICIAL RECORDS; THENCE SOUTH 73° 21' EAST TO SAID MOST NORTHERLY CORNER; THENCE ALONG THE BOUNDARY OF SAID CHILDRESS LAND SOUTH 730 21' EAST, 292.00 FEET AND SOUTH 150 03' 50" WEST 150.00 FEET TO AN INTERSECTION WITH A LINE THAT BEARS NORTH 73°21' WEST TO THE POINT OF BEGINNING; THENCE SOUTH 730 21' EAST 30.00 FEET TO THE POINT OF BEGINNING. Ds�,�YBf No.7655 Op CAL Page 1 of 2 EXHIBIT `B' 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 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. G'��SG�N1,pND N0.760 �'��CALI�4�� r EXHIBIT 'C' l \ \ 1 1 SLY UNE N'L Y l l LOT 24 --- BLOCK 94/¢p 14091 LOT 27 / � / P / 777 � / /P CL 1 P c i 2 /APN 265-390-28 \ APN 265-331-46 I �� y l jo APN 265 331/2�PN 265-331-7 / ,Q 30' wDE SEWER FAGJTY AND / MAINTENA6L� �ON h l %' 30' 1 � P'�I l T.P.aa 1 1 Q I APN \ ¢¢I APN 265-331 14 l S'L Y LINE NIL Y 5 �'S ACRES BLOCK 94 AN�'rl� NO Paa Ashliv DS UNE BEARING DISTANCE L2 N 153228 E 364.82 L3 N 72;36 52 E 30.02 L4 N 15*2Y E 334.81 L5 N 72'37'00'E 708.00' 1"=200' oFc� °4 L6 N 15'3228'E 30.02' L7 N 7237'00'E 738.02' 0 100 200 400 NOTES SAMPO ENGINEERING, INC. 1. BOUNDARY INFORMAPON CALCULATED PER PARCEL r ` MAP 13769 PM 7737, AND GRANT DEED RECORDED JUNE TEL: (760)06-0660 FAX (760)436-0659 6, 2003 AS DOCUMENT NO. 2003-0671379, O.R. JN, 13-107 GUSTAFSON os122/1s EXHIBIT"D" CITY OF ENCINITAS ADMINISTRATIVE MANUAL Sewer Construction Policy Title: Reimbursement Agreements Section: General Responsible Department: Engineering Services Number: G042 Approved By: City Manager Date Approved: 6117199 Last Amendment: L STATEMENT OF PURPOSE This policy provides specific regulations and procedures for establishing Sewer Construction Reimbursement Agreements (Agreements). ll. LEGAL AUTHORIZATION Chapter 18.12 of the City's Municipal Code and Cardiff Sanitation District Code allow the City or District(herein referred to as "District"for both the Cardiff Sanitation District or Encinitas Sanitary Division) to enter into Agreements with private developers or property owners (OWNER) to charge an additional connection fee for connection to the sewer system (REIMBURSEMENT FEE), when the sewer service has been made available by that OWNER prior to the time that the District would have been able to make the sewer service available. The purpose of the REIMBURSEMENT FEE is to reimburse the OWNER for a portion of the costs incurred to extend the District's sewer lines to the previously unserved area. The District does not provide Agreements for OWNERS building private sewer lines. When an OWNER desires or is required to construct a sewer line (SEWER LINE) to the District's sewer system, and other unserved properties may be serviced by that SEWER LINE, the District Engineer may require the OWNER to construct the SEWER LINE to public standards and provide stub-outs at various locations to provide a connection point for the unserved properties. The District may also require the OWNER to dedicate the SEWER LINE to the District before the OWNER may discharge into the District's sewer system. The OWNER shall be informed of these requirements before final sewer plans are approved and shall have the option of entering into an Agreement. The DISTRICT shall notify the OWNER, in writing, of the District's requirements and policies concerning Agreements. By providing a copy of this policy statement to the OWNER, the City shall have given sufficient written notification. The decision to enter into an Agreement shall be agreed upon by both parties prior to the issuance of a sewer construction permit. The OWNER shall agree to the terms of the Agreement, as stipulated by the Municipal or Cardiff Sanitation District Code and Sewer Construction Reimbursement Agreement Policy, by signing the Sewer Construction Reimbursement Agreement Consent Statement at the end of this document. Should the OWNER not consent to the Agreement policies and codes, the District may deny the OWNER a sewer construction permit and access to the District's public sewer system. Ill. TERMS OF THE AGREEMENT The proposed sewer shall be designed in compliance with public standards and as directed by the District Engineer. All public sewer access easements must be secured prior to the commencement of construction of the SEWER LINE. The OWNER shall incur all costs associated with the construction of the sewer including, but not limited to, design, acquisition of easements or right-of-way, construction, inspection, material testing, permits, and legal, technical, or administrative assistance. The OWNER must also pay an administrative fee to the District for setting up the Agreement. The OWNER will be required to open a deposit account with the District in the amount of$1,000. The District will charge against the deposit account on a time and materials basis until the Agreement is finalized. The OWNER shall retain copies of all invoices pertaining to the sewer construction and proof of payment of these invoices. Copies of invoices and proof of payment shall be submitted to the District Engineer after all reimbursable invoices have been paid by the OWNER, but no more than 90 days after the SEWER LINE has been accepted by the District. Reimbursable costs shall ultimately be determined by the District Engineer and may include payments made by the OWNER for preliminary engineering, right-of-way or easement acquisition, permits, material testing, construction, inspection, and installation related to the SEWER LINE. IV. CALCULATION OF THE REIMBURSEMENT FEE The District Engineer shall determine the number of equivalent dwelling units (EDUs) that could ultimately connect to the SEWER LINE, including the OWNER's property. The number of EDUs shall be based on the existing zoning at the time that the SEWER LINE is constructed and shall assume that vacant properties will be developed to mid-range density allowed by the zoning. The REIMBURSEMENT FEE shall be calculated by dividing the total reimbursable costs, as determined by the District Engineer, by the total number of possible EDU connections to the SEWER LINE. EXAMPLE: If the reimbursable costs of the SEWER LINE total$100,000 and there are 10 potential EDU* Connections to the SEWER LINE, the REIMBURSEMENT FEE is$10,000 per EDU. Total Reimbursable Costs (as approved by District Engineer): $100,000 Total Possible EDU Connections: 10 Reimbursement Fee: $100,000/10 = $10,000 per EDU *Generally, one 1 EDU is equivalent to one 1 single family house In addition, property owners subject to the REIMBURSEMENT FEE shall also be required to pay 6% simple interest on the REIMBURSEMENT FEE, to be computed from the time that the SEWER LINE was accepted by the District. The District shall charge for setting up the Agreement on a time and materials basis and shall charge a collection fee for each reimbursement collected and sent to the OWNER as set by the District's adopted fee schedule. EXAMPLE: A property owner wishes to build a sewer lateral from his single-family house to the SEWER LINE 3 years and 3 months after the SEWER LINE is accepted by the District. How is the interest fee calculated? Interest Calculation: Reimbursement Fee x Interest Rate x Time 10,000 x 0.06 x 3.25 = $1,950 Total Reimbursement: $10,000 +$1,950 = $11,950 Reimbursement to OWNER: $11,950 less Collection Fee The REIMBURSEMENT FEE shall be collected in addition to all applicable fees. The OWNER's property shall also be subject to the reimbursement fee, however this fee will be deducted from the total reimbursable costs, rather than collected at a future time. The total reimbursement to OWNER shall not exceed the maximum reimbursement amount. The maximum reimbursement amount is defined as the total reimbursable costs plus interest, less the OWNER's pro-rata share of the cost of the SEWER, less collection fees. The District does not guarantee that the OWNER will receive the full amount, or any portion, of the maximum reimbursement amount. EXAMPLE: If the reimbursable costs total$100,000 and there are 10 potential EDU connections and two of the EDUs belong to the OWNER, the cost attributed to the OWNER is$20,000 and the total reimbursable amount to the OWNER is$80,000, plus 6% simple interest, less the District's collection fee. Total Reimbursable Costs: $100,000 Reimbursement Fee per EDU: $10,000 Total Possible EDU Connections: 10 Total EDUs belonging to OWNER: 2 Cost to OWNER: $10,000 X 2 = $20,000 Total Reimburseable amount: $100,000-$20,000= $80,000(plus interest and less collection fees) If the District collects any REIMBURSEMENT FEES, such payments shall be sent to the OWNER semi-annually commencing on January 1 or July 1, whichever comes first following the effective date of the Agreement and shall continue semi-annually on January 1 and July 1, until the OWNER has been reimbursed the maximum reimbursable amount or until the agreement expires. In accordance with the Municipal and Cardiff Sanitation District Codes 18.12.030, if the reimbursable costs of the SEWER LINE are less than $50,000 the Agreement shall remain in effect for a period of 10 years. If the total reimbursable costs of the SEWER LINE are$50,000 or more, the Agreement shall remain in effect for a period of 20 years. V. OVERVIEW OF PROCESS The process for Agreement adoption is summarized below. ❑ OWNER meets with District Engineer or Engineering Services Department staff to discuss alternatives for connection to the public Sewer System. ❑ District Engineer and OWNER agree on conceptual design and location of sewer. ❑ If the proposed sewer may serve other unserved properties, the OWNER is notified of the Sewer Construction Reimbursement Agreement Policy and is issued the policy statement and consent form. ❑ OWNER signs consent form, designs the sewer to approved standards and specifications, and provides a cost estimate to the District Engineer. ❑ Properties that may be affected by the sewer reimbursement agreement are notified. ❑ Sewer construction plans are submitted to District Engineer for approval. ❑ Once sewer plans are approved and consent form is received, the District issues a sewer construction permit and SEWER LINE is completed. ❑ Upon completion, the District accepts the SEWER LINE and the SEWER LINE is dedicated to the District. ❑ Proof of payment for reimbursable costs are submitted to District Engineer, within 90 days of the District's acceptance of the SEWER LINE. ❑ District Engineer calculates REIMBURSEMENT FEE and draws up agreement. ❑ Ordinance adopting the Agreement is scheduled for Introduction and notices are sent to affected property owners. ❑ Ordinance is introduced and adopted by District. ❑ Both parties sign agreement and Municipal or Cardiff Sanitation District Code is amended to include Agreement. If during this process a property owner wishes to connect to the SEWER LINE, prior to the issuance of a Wastewater Discharge Permit, the District will collect an amount equal to the proposed REIMBURSEMENT FEE or the City's best estimate if a REIMBURSEMENT FEE has not yet been calculated. Those funds will then be placed into a deposit account until the Agreement goes into effect. Vl. OWNER CONSENT STATEMENT I, , have read and understand the policies governing Sewer (Please print name.) Construction Reimbursement Agreements in the Cardiff Sanitation District and Encinitas Sanitary Division. I agree to the terms set forth in this policy and consent to any and all regulations, standards, fees and conditions established and set forth by the Cardiff Sanitation District Code/Cardiff Sanitation District Board or the Municipal Code/City Council. Signature Date