1984-347627�` =3
When recorded please mail to:
2 0.5 8 476 2
K/T Properties
C/o The Turnbull Company �r
0r FiGt4lr n {,a'S
777 South Pacific Coast Highway OF SAN GIFGy C �_ }DIY C
NO
t,•
Solana Beach, CA 92075. 108 1984 ,1 SE 13 � o; 4 7
R
VEPA I_.L''LF
Recorded Request of L COUNT Y R; "CbROE1 t
Department of Public Works --._.J
RF
PRIVATE ROAD MAINTENANCE AGREEMENT MG
THIS AGREEMENT for the maintenance and repair of that
certain private road easement, the legal descrip
reto and made a
tion of
which is set forth in Exhibit A attached he
Part hereof, is entered into between Rancho Del Arroyo
Partners. a limited artnershi and K T Prouert es, a
limited tiartner,L
(hereinafter referred to as "Developer ") and the County of
benefit gof (futures ubdivisionelot oOwnersowhoyw� for the
Private road easement (hereinafter referred tolls use the
owners ", which shall include the Developer to the extent the
Developer retains any ownership interest in any lot or lots).
WHEREAS, this Agreement
approval by t is required as a condition of
he County of a subdivision project as defined
in Section 21065 of the Public Resources Code and pursuant
to San Diego County Code of Regulatory Ordinances
Section 81.402 (c) (1) and Section 81.703 (c) (1) and,
WHEREAS, Developer is the owner of certain real
Property being subdivided and developed as TPM 17810 and
TPM 17571 that will use and enjoy the bene
easement. A complete legal description of said real road %1
is attached, labeled Exhibit B property
Said real property is hereinafternreferredoto tae thereference.
"property "; and
WHEREAS, it is the
that said mutual desire of the parties hereto
private road easement be
};.i
maintained in a safe
and usable condition by the lot owners;
and
s m'
WHEREAS, it is the mutual desire of to establish a method for the the parties hereto
said maintenance
and repair of
private road easement and for
expense of such maintenance apportionment of the
and repair
and future lot owners; and p Ong existing
existing
`
WHEREAS, the County shall be .deemed apart he
the right but not the obligation h
to enforce full compliance
with the terms and conditions of this Agreement;
and
WHEREAS it is the mutual
that this Agreement constitute °runnin parties
ancovenant
land, binding upon each successive lot owner ° g With the
any portion of the f all
property; or
y; NOW, THEREFORE,
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206
IT IS HERESY AGREED AS FOLLOWS:
1. The property is benefited by this Agreement, and
present and successive lot owners of all or any portion of
the property are expressly bound hereby for the benefit of
the land.
2. The cost and expense of maintaining the private
road easement shall be divided equally among the subdivided
parcels created in the subdivision and paid by the lot owner
or the heirs, assigns and successors in interest of each
such owner.
3. In the event any of the herein described parcels
of land are subdivided further, the lot owners, heirs,
assigns and successors in interest of each such newly created
parcel shall be liable under this Agreement !or their then
pro rata share of expenses and such pro rata shares of
expenses shall be computed to reflect such newly created
parcels.
4. The repairs and maintenance to be performed under
this Agreement shall be limited to the following unless the
consent for additional work is agreed to by a majority vote
of the lot owners owning 100% of the number of parcels,
including subdivisions thereof as described in paragraph 3
above. Reasonable and normal road improvement and maintenance
work to adequately maintain said private road easement and
related drainage. facilities to permit all weather access.
Repairs and maintenance under this Agreement shall include,
but is not limited to, filling of chuckholes, repairing
cracks, repairing and resurfacing of roadbeds, repairing
and maintaining drainage structures, removing debris,
maintaining signs, markers, striping and lighting, if any,
and other work reasonably necessary or proper to repair
and preserve the easement for all weather road purposes.
5. Any extraordinary repair required to correct
damage to said road easement that results from action taken
or contracted for by, parties hereto or their successors in
interest shall be paid for by the party taking action or
party contracting for work which caused the necessity for
the extraordinary repair. The repair'shall be such as to
restore the road easement to the condition existing prior
to said damage.
6. It is agreed that reveloper is initially the agent
to contract and oversee and do all acts necessary to accomplish
the repairs and maintenance required and /or authorized under
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this Agreement. The parties further agree that the agent
may at any time be replaced at the direction of a majority
of the lot owners. The agent shall be paid for all costs
incurred including a reasonable compensation for the agent's
services, and such costs shall be added to and paid as a
part of the repair and maintenance cost; provided, however,
that compensation for the agent's services shall in no event
exceed an amount equivalent to 10% of the actual cost of
repairs and maintenance performed. In performing his
duties, the agent, as he anticipates the need for funds,
shall notify the parties and each party shall within forty -
five (45) days pay the agent, who shall maintain a trustee
account and also maintain accurate accounting records which
are to be available for inspection by any party or authorized
agent upon reasonable request. All such records shall be
retained by the agent for a period of five years.
7. Should any lot owner fail to pay the pro rata
share of costs and expenses as provided in this Agreement,
then the agent or any lot owner or owners may pay the amounts
designated by the agent and shall thereby acquire a lien
against the subdivided lot of such delinquent owner for the
amount so paid, together with interest at the legal rate and
such reasonable attorney's fees as the court may adjudge and
actual court costs if action to foreclose is commenced;
provided, however,-that such lien shall be effective only
upon recordation in the Office of the Recorder of San Diego
County of notice, or claim thereof, within 60 days after the
due date of such payment. Such lien shall be foreclosed in
the manner of Mechanics' Liens under the laws of the State
of California, except as specifically provided in this
Agreement to the contrary. Any action brought to foreclose
such lien shall be commenced within ninety (90) days following
such recordation. Any plaintiff in such action may accrue
to the date of judgment all such delinquent amounts paid by
him after default by defendant, plus interest at the legal
rate, and have judgment therefore in such action.
At any foreclosure sale, such lien claimant may bid in,
and use as cash, the amount of such lien, interest accrued
thereon, any attorney's fees and court costs, as the judgment
or decree of foreclosure may so state. Any person having
the right to redeem from any such foreclosure sale may do so
only upon payment of the amounts of such judgment together
with legal interest thereon. Such lien shall not be prior
and superior to the rights of the holder of any encumbrance
made for value on the property of such owner recorded prior
to recordation of said notice or claim of lien.
9. Lot owners shall jointly and severally defend and
indemnify and hold harmless County, County's engineer, and
their consultants and each of their officials, directors,
officers, agents and employees from and against all liability,
claims, damages, losses, expenses, personal injury and other
costs, including costs of defense and attorney's fees, to
the agent hereunder, or to any lot owner, any contractor,
any subcontractor, any user of the road easement, or to any
other third persons arising out of or in any way related to
the use ofjrepair. or maintenance of, or the failure to
repair or maintain the private road easement.
Nothing in the Agreement, the specifications or other
contract documents or County's approval of the plans and
specifications or inspection of the work is intended to
include a review, inspection, acknowledgment of a responsibility
for any such matter, and County, County's engineer, and
their consultants, and each of their officials, directors,
officers, employees and agents, shall have absolutely no
responsibility or liability therefor.
10. If in the County's sole judgment said private road
easement is not being maintained to standards set forth in
paragraph 4 of this Agreement, the County may thereupon
provide written notice to all lot owners to initiate repairs
or construction within ninety (90) days. Upon failure to
demonstrate good faith to make repairs or construction
within ninety (90) days, the lot owners agree that the
County may make all.needed repairs to said road easement
and /or construct said road easement to meet the standards
set forth in paragraph 4 and to then assess costs to all lot
8. Any liability of the lot owners for personal
'
injury to the agent hereunder, or to any worker employed to
make repairs or provide maintenance under this Agreement, or
to third persons, as well as any liability of the lot owners
for damage to the property of agent, or any such worker, or
of any third persons, as a result of or arising out of
repairs and maintenance under this Agreement, shall be
borne, as between the lot owners in the same percentages as
they bear the costs and expenses of such repairs and maintenance_
Each lot
owner shall be responsible for and maintain his own
insurance, if any. By this Agreement, the parties do not
intend to provide for the sharing of liability with respect
to personal injury or property damage other than that
attributable to the repairs and maintenance undertaken under
this Agreement. Each of the lot owners agrees to indemnify
the others from any and all liability for injury to himself"
or damage to his property when such injury or damage results
f.
from, arises out of, or is attributable to any maintenance
or repairs undertaken pursuant to this Agreement.
9. Lot owners shall jointly and severally defend and
indemnify and hold harmless County, County's engineer, and
their consultants and each of their officials, directors,
officers, agents and employees from and against all liability,
claims, damages, losses, expenses, personal injury and other
costs, including costs of defense and attorney's fees, to
the agent hereunder, or to any lot owner, any contractor,
any subcontractor, any user of the road easement, or to any
other third persons arising out of or in any way related to
the use ofjrepair. or maintenance of, or the failure to
repair or maintain the private road easement.
Nothing in the Agreement, the specifications or other
contract documents or County's approval of the plans and
specifications or inspection of the work is intended to
include a review, inspection, acknowledgment of a responsibility
for any such matter, and County, County's engineer, and
their consultants, and each of their officials, directors,
officers, employees and agents, shall have absolutely no
responsibility or liability therefor.
10. If in the County's sole judgment said private road
easement is not being maintained to standards set forth in
paragraph 4 of this Agreement, the County may thereupon
provide written notice to all lot owners to initiate repairs
or construction within ninety (90) days. Upon failure to
demonstrate good faith to make repairs or construction
within ninety (90) days, the lot owners agree that the
County may make all.needed repairs to said road easement
and /or construct said road easement to meet the standards
set forth in paragraph 4 and to then assess costs to all lot
_,:
2072
owners proportionately. The agent shall.be responsible for
collecting the assessments and ensuring payment to the
County.
11. If the County elects to make necessary repairs -
in accordance with paragraph 10 above, said work shall
be without warranty. Said repair shall be accepted "as
is" by the lot owners without any warranty of workmanship
and be guaranteed and indemnified by them in accordance
with paragraph 9.
12. The foregoing covenants shall run with the land
and shall be deemed to be for the benefit of the land of
each of the lot owners and each and every person who shall
at anytime own all or any portion of the property referred
to herein.
13. It is understood and agreed that the covenants
herein contained shall be binding on the heirs, executors,
administrators, successors, and assigns of each of the
lot owners.
14. It is the purpose of the signators hereto that
this instrument be recorded to the end and intent that
the obligation hereby created shall be and constitute a
lien and shall be secured by the property and any subsequent
purchaser of all or any portion thereof, by acceptance of
delivery of a deed and /or conveyance regardless of form,
shall be deemed to have consented to and become bound by
these presents, including without limitation, the right of
any person entitled to enforce the terms of this Agreement
to enforce the lien therein created by foreclosure proceedings
against the property or any lot or lots therein in the manner
Provided by law for the foreclosure of mortgages, such
remedy to be cumulative and in addition to other remedies
provided in this Agreement and to all,other remedies at
law or in equity.
15. The terms of this Agreement may be amended in
writing upon majority approval of the lot owners and
consent of the County.
1
2073
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16. This agreement shall be governed by the laws of the
State of California. In the event that any of the provisions of
this Agreement are held to be unenforceable or invalid by any
court of competent jurisdiction, the validity, and enforceability
of the remaining provisions shall not be affected thereby.
IN WITNESS WHEREOF the parties have executed this Agreement
this �- day of , 1984.
RANCq aDEL
EL 0 PARTNERS
BY:
David A. Phelps,. General Partner
BY:
Linda l.. Ph 1ps, General Partner
KIZ PROPERTIES
BY: The T mz l y I c., General Partner
BY:
arl E. ur ull President
COUNTY AN DIEGO
By 4
�irector, Department of Public Works
2074
STATE OF CALIFORNIA
COUNTY OF San Diego it
E On B--; -1 r I
before me, the undersigned, a Notary Public in and for
said State, personally appeared David A. Phelps and Linda L. Phelps
A -Proved to me on the basis of satisfactory evidence
*D0MAM.%tXX to be-tWD—D-t—the partners of the partnership
a that executed the within Instrument and acknowledged to me that
:E
such partnership executed the same.
111 KATICH
T WITNESS my hand and official seal. OMPUBUG-CAUFORNIA
SAN DIEGO COUNTY
Comm. WIMS June a 1987
Signatu
J. Katich
Name (Typed or Printed) Mis area for official n-1-6.1 seal)
STATE OF CALIFORNIA,
ss.
COUNTY OF
On this Jo day of 4ifz lqy, before me, the
if
undersigned Notary c, personally appeared
'6,'11 proved to me on the basis
of satisfactory evidence to be the person who executed
the within instruTent as IA' of the
ors
OFFICIAL SEA
corporation therein named, which corporation executed
BARBARA C ANS L
the within inst=rent on behalf of the partnership therein
to that
NOTARY PUBLIC - CALIFORNIA
named, and acknowledged rne said corporation
SAN DIEGO COUNTY
executed the within instrument on behalf of said partnership
Nly comm. expires OCT 2, 1987
and that said partnership executed the within :Instrument.
row,
Notary Public
2075"
EXHIBIT A
PRIVATE ROAD EASEMENT: LEGAL DESCRIPTION
PARCEL 1
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC
UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS
A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN SECTIONS 3, 4, 5, 8 AND
9, ALL IN TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, THE CENTER LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE ALONG THE
NORTHERLY LINE OF SAID SECTION 8, NORTH 89 °51'32" WEST, 41.36 FEET;
THENCE SOUTH 31021'02" WEST, 21.57 FEET TO AN INTERSECTION WITH THE
"
WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTHERLY 18.00 FEET OF
Maw
SECTION 9, IN SAID TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
MERIDIAN; THENCE CONTINUING SOUTH 31 °21'02" WEST, 107.62 FEET TO THE POINT
OF CUSP WITH A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY �4hF9
THENCE NORTHEASTERLY AND EASTERLY ONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 56 °34'20 ", A DISTANCE OF
197.47 FEET TO THE POINT OF TANGENCY WITH THE SOUTHERLY LINE OF THE
NORTHERLY 18.00 FEET OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY LINE
TANGENT TO SAID CURVE, NORTH 87 °55'22" EAST, 1049.55 FEET TO THE
"
BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 58 052'50 ", A DISTANCE OF 205.53 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 29 002'32" EAST, 193.03 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
47039'30", A DISTANCE OF 165.37 FEET; THENCE TANGENT TO SAID CURVE, NORTH
042'02"
76 EAST, 465.63 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 17 049'05 ", A DISTANCE OF 155.49
FEET; THENCE TANGENT TO SAID CURVE, NORTH 58 °52'57" EAST, 535.08 FEET TO
THE BEGINNING
OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
66 006'35 ", A DISTANCE OF 230.77 FEET; THENCE TANGENT TO SAID CURVE, NORTH
07 013'38" WEST, 159.69 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT
3.
RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF
°5720"
SAID CURVE THROUGH A CENTRAL ANGLE OF 32 A DISTANCE OF 172.56 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 25 043'42" EAST, 623.21 FEET TO THE
BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
'
THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 90 052'00 ", A DISTANCE OF 317.18 FEET;
T-
THENCE TANGENT TO SAID CURVE, SOUTH 63 °24'18 ", A DISTANCE OF 170.83 FEET
TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 47 038'00 ", A DISTANCE OF 166.27 FEET; THENCE TANGENT TO
046'18"
r..
SAID CURVE, SOUTH 15 EAST, 2.30 FEET TO THE BEGINNING OF A TANGENT
200.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89 048'30 ",
A DISTANCE OF 313.49 FEET; THENCE TANGENT TO SAID CURVE, NORTH 74 002'12"
llvw%
EAST, 467.92 FEET TO THE BEGINNING OF A TANGENT 241.51 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY; BEING THE TRUE POINT OF BEGINNING,
y� 2076
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 23023'35 ", A DISTANCE OF 98.60 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 82-34'13" EAST, 9.59 FEET TO THE BEGINNING OF A TANGENT
49.46 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY AND
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
76 052'45 ", A-DISTANCE OF 64.44 FEET TO THE BEGINNING OF A "COMPOUND 100.04
N
FOOT RADIUS CURVE, CONCAVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 40 °12'45 ", A DISTANCE OF 70.21 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 34 °31'17" WEST, 39.45 FEET TO THE
BEGINNING OF A TANGENT 155.51 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
35 052'30 ", A DISTANCE OF 97.53 FEET TO THE BEGINNING OF A COMPOUND 183.89`
FOOT RADIUS CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 30 037'10 ", A DISTANCE OF 98.21 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH 31 °58'23" EAST, 140.14 FEET TO THE BEGINNING
OF A TANGENT 344.97 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
35 037'40 ", A DISTANCE OF 214.52 FEET TO THE BEGINNING OF A COMPOUND 131.80
FOOT RADIUS CURVE; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 80 °07'50 ", A DISTANCE OF 184.33 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 32017'07" EAST, 318.38 FEET TO THE
BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE.!!
OF 40 04825 ", A DISTANCE OF 213.67 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 73 005'32" EAST, 140.93 FEET TO THE BEGINNING OF A TANGENT 500.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 °41'45 ", A DISTANCE OF
a
206.79 FEET; THENCE TANGENT TO SAID CURVE, NORTH 49 023`47" EAST, 612.95
s
FEET TO ENGINEER'S STATION 2 PLUS 30.54 ON THE CENTER LINE OF THAT 20.00
,
FOOT STRIP OF LAND KNOWN AS THOMAS ACCESS ROAD NO. 3, AS DESCRIBED IN TAHT
CERTAIN INSTRUMENT RECORDED MAY 12, 1960 AS INSTRUMENT NO. 99339 OF
OFFICIAL RECORDS. THE SIDELINES OF SAID STRIP TO BE PROLONGED OR
SHORTENED SO AS TO FORM A CONTINUOUS STRIP OF LAND 60.00 FEET IN WIDTH,
WHICH TERMINATES ON THE NORTHEAST IN THE CENTER LINE OF SAID THOMAS';;
Now
ACCESS ROAD NO. 3.
PARCEL :Z
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC
UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER ALONG AND ACROSS A
STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN SECTION 3, TOWNSHIP 13�*
SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
NOVEMBER 19, 1880, THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS
#
FOLLOWS:
'f
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3; THENCE SOUTH
01 059'00" WEST, 127.55 FEET TO AN INTERSECTION WITH THAT COURSE HAVING A..1
BEARING OF SOUTH 43 027'00" EAST IN THE CENTER LINE OF THE 40.00 FOOT
UNSURVEYED COUNTY ROAD AS SAID ROAD WAS LOCATED AND ESTABLISHED ON
NOVEMBER 7, 1959, SAID INTERSECTION BEING ENGINEER'S STATION 0 PLUS 00 ON
THE CENTER LINE OF THAT 20.00 FOOT STRIP OF LAND KNOWN AS THOMAS ACCESS
ROAD NO. 1, AS DESCRIBED IN THAT CERTAIN INSTRUMENT RECORDED,
MAY 12, 1960, AS INSTRUMENT NO. 99339 OF OFFICIAL RECORD$, AND BEING THE
20'x`?
TRUE POINT OF BEGINNING; THENCE ALONG THE CENTER LINE OF SAID THOMAS
ACCESS ROAD NO. 1, SOUTH 01-59'00" WEST, 1168.22 FEET; THENCE LEAVING SAID
CENTER LINE CONTINUING SOUTH 01 059'00" WEST, 116.87 FEET TO THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
3, AND THE BEGINNING OF A TANGENT 192.69 FOOT RADIUS CURVE, CONCAVE j
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 51045'10 ", A DISTANCE OF 174.10 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 53 °45'10" WEST APPROXIMATELY 63.08 FEET TO AN ANGLE
POINT IN THE CENTER LINE OF SAID THOMAS ACCESS ROAD NO. 1; THENCE ALONG
SAID CENTER LINE THE FOLLOWING COURSES AND DISTANCES; SOUTH 53 °45'10"
WEST 63.55 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 41 024'10 ", A DISTANCE OF 72.26 FEET; TANGENT TO SAID
CURVE, NORTH 84 °50'40" WEST, 36.73 FEET TO THE BEGINNING OF A TANGENT
290.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28 °04'20 ", A DISTANCE OF
97.99 FEET; TANGENT TO SAID CURVE, SOUTH 67 °05'00" WEST, 68.40 FEET; AND
SOUTH 81 002'30" WEST, 288.13 FEET TO ENGINEER'S STATION 0 PLUS 00 ON THE
CENTER LINE OF THOMAS ACCESS ROAD NO. 2; THENCE ALONG THE CENTER LINE OF
SAID THOMAS ACCESS ROAD NO. 2, THE FOLLOWING COURSES AND DISTANCES:
SOUTHWESTERLY ALONG THE ARC OF A TANGENT 80.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 74 °34'56 ", A DISTANCE OF 104.14
FEET; TANGENT TO SAID CURVE, SOUTH 06 °27'24" WEST, 285.81 FEET TO THE
BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
67 °37'40 ", A DISTANCE OF 177.05 FEET; TANGENT TO SAID CURVE, SOUTH
55 051'20" WEST, 38.21 FEET TO ENGINEER'S STATION 3201 PLUS 82.00 ON THE
CENTER LINE SURVEY OF THE SECOND SAN DIEGO AQUEDUCT; CONTINUING SOUTH
55051'20" WEST, 78.46 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT
RADIUS CURVE, CONCAVE NORTHERLY; WESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 46 052'00 ", A DISTANCE OF 81.80 FEET; TANGENT TO
SAID CURVE, NORTH 77 01640" WEST, 42.63 FEET TO THE BEGINNING OF A
TANGENT 130.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43 °57'50 ", A
DISTANCE OF 99.75 FEET; TANGENT TO SAID CURVE, NORTH 33 018'50" WEST, 50.44 E.
FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 74 024'40 ", A DISTANCE OF 129.87 FEET; TANGENT
TO SAID•CURVE, SOUTH 72016'30" WEST, 156.82 FEET; SOUTH 62004'41" WEST,
401.20 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 47 015'31 ", A DISTANCE OF 206.20 FEET; TANGENT TO SAID
CURVE, SOUTH 14 049'10" WEST, 159.79 FEET; SOUTH 08 002'30" WEST, 320.50
FEET; AND SOUTH 10 °5242" EAST, 7.07 FEET; TO ENGINEER'S STATION 0 PLUS 00
ON THE CENTER LINE OF THOMAS ACCESS ROAD NO. 3; THENCE ALONG THE CENTER
LINE OF SAID THOMAS ACCESS ROAD NO. 3 THE FOLLOWING COURSES-AND DISTANCES;
.SOUTHWESTERLY ALONG THE ARC OF A TANGENT 150.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 47 °52'40 ", A DISTANCE OF
125.34 FEET; AND TANGENT TO SAID CURVE, SOUTH 36 059'58" WEST, 105.20 FEET.
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2078
PARCEL 3
An easement and right of way for ingress and egress for road and public utility
purposes and appurtenances thereto over, under, along and across a strip of land
20.00 feet in width lying within Parcel 1 of Parcel Map No. 7200, in the County
of San Diego, State of California, recorded in the Office of the County Recorder
of San Diego County on Apri127, 1978 as F/P No. 78- 169901, described as follows:
All that portion of the Easterly 20.00 feet of said Parcel 1 of Parcel Map 7200
lying Northerly of a line bearing North 71 °39'00" East and intersecting the
Easterly line of said Parcel 1 of Parcel Map 7200 at a point South 14 °34133"
West 501.90 feet from the Northeast corner of said Parcel 1 of Parcel Map No: 7200.
EXHIBIT B
Rancho Del Arroyo Partners Property:
The Northeast 4 of the Southeast 4 of Section 4, Township 13 South, Range 3 West,
San Bernardino Meridian, in the County of San Diego, State of California, according
to official plat thereof.
EXCEPTING therefrom all that portion described as follows:
Beginning at the Southeast corner of said Northeast 4 of the Southeast 4 of Section
4, thence Westerly along the Southerly line of said Northeast 4 of the Southeast 4
(also being the Northerly line of Parcel 3 of Parcel Map 7200) South 88 °25114" West
385.21 feet to the centerline of`'Fortuna Ranch Roae as described in deed recorded
January 31, 1964 as Document No. 19804; thence Northeasterly along the centerline of
said Fortuna Ranch Road North 32017107" East 53.97feet to the beginning of a tangent
300 foot radius curve, concave Southeasterly; thence Northeasterly along the are of
said curve, through a central angle of 40 048'25" a distance of 213:67 feet; thence
tangent to said curve North 73°05132" East 140.93 feet to the beginning of a tangent
500.00 foot radius curve, concave Northwesterly; thence Northeasterly along the arc
of said curve,.through a central angle of 5 °29'06 ", a distance of 47.87 feet to the
Easterly line of said Northeast 4 of the Southeast 4; thence Southerly along said
Easterly line South 2 °55'55" East 221.17 feet to the TRUE POINT OF BEGINNING.
K/T Properties Property:
Parcel 1 of Parcel Map No. 7200, in the County of San Diego, State of California,
recorded in the Office of the San Diego County Recorder on April 27, 1978 as F/P
No. 78- 169901.
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