1986-455302` When recorded please mail to:
. 86 �55302�
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JOIIN 17. ALDERSON - f'!'COftQEQ i!t
115 Soutfi Acacia Ave. OFFICIAL RICO ?i()5
_. Solan Beach, CA. 92075
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OF 5/,N UI GO COURT Y. CA
Recordod Request. of _ 1986 OCT--L9 A14-11: 45
Department of Public Works
VEf ?t1 L.LY[ E
PRIVATE ROAD ;M.ATNTENANCE AGREEMENT T ij'� COftflf RJ
i THIS AGREEMENT for the maintenance and repair of that certain RF
private road easement, the legal description and/or plat of which
is set forth in Exhibit A attached hereto and made a part hereof, AR
is entered into between JMIN' WTUTAM AURMSON MG
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I (hereina-fter referred to as "Developer ") and the County of San
Diego (hereinaf te:: refer_ed to as "County ") for the benefit of
future subdivision, lot owners who will use the private road
easement (hereinafter re:-.er;ed to as "lot owners ", which shall
^_�1L^e thc - DeGTeic=c to t extent the oevslom?._�. ze -..is am
ownership: interest in any lot or lots). _
WELERE.AS, this Agreement is recuired as a condition of approval
by the County of a subdivision project as defined in Se ticn.
21065 of the public Resources Cade and pursuant to San Diego
County Code'oy Regulatory Ordinances Section 81.402(c) (1) and
Section 81.703(c)(1) and,
«RMA -S, Developer is the owner of certain real praper tv
being subdivided and developed as TPN 18536
that will use and enjoy the benefit-67=1 said read. easement. A�
complete legal description of said real property is attached,
labeled. Exhibit R, and incor;- orated by reference. Said real
propert',y is hereinafter referred to as the "property "; and
fMEREAS, it is the mutual desire of the parties hereto iiat
said private road easement be :maintained in a safe and usable
coaclitibr_ by the lot owners; and
T+TIMIMAS, it is the .mutual desire of the parties hereto to
establish a method for the maintenance and repair of said private
road easement and for the apportionment of the expense o4 such
maintenance and repair among existin- c,..r _
e. and
WHEREAS, the County shall be deemed a party hereto wit t e
right but not the obligation to enforce full comp_ liance with t:.e
terms and conditions of this Agreement; and
WHEREAS, it is the mutual intention of the oa:rties that this
Agreement constitute a covenant running with the -land, binding
upon each successive lot owner of all or any portion of the
;^ property. NOW, THEREFORE
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IT IS HEREBY AGREED AS FOLLOWS:
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1. The property is benefited by this Agreement, and
present and successive lot owners of all or any
y portion of the
property are expressly bound hereby for the benefit of the land.+
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2. The cost and expense of maintaining the private road
easement shall be divided equally anon' 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 a be
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liable
under this Agreement for' their then pro ratasharesofli
expenses and such pro rata shares of expenses shall be computed
to reflect such
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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
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paragraph 3 above. Reasonable and normal
road improvement and maintenance work to adequately maintain said
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Private road easement and related drainage facilities to permit
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all weather access.
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Repairs and maintenance under this Agreement shall include, but
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is not limited to, filling of chuc?choles, repairing cracks,
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repairing and resurfacing of roadbeds, repairing and maintaining
drainage structures, removing debris, maintaining si
gns, markers, strio_n g and lighting, if
an y, and other work reasonably necessary'
or proper to repair and preserve the easement- for-all weather
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road purposes.
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5. If there is a covenant, agreement, or other obligation
imposed as a condition of subdivision approval
to make private°
road improvements to the private road easement, the obligation
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to repair and maintain the private road easement as herein set
forth shall commence
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when the private road improvements have been
completed and approved by the County.
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6• Any extraordinary repair required to correct damage to
said road
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easement that results from action taken or contracted
for by parties hereto
or their successors in interest shall be
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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.
7. It is agreed that Developer is initially the agent
to contract and oversee and do all acts necessary tc accomplish
the repairs and maintenance reaurired and /or authorized under
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. Repair and maintenance work on the private road
- easement shall be commenced when a majority of the lot owners
agree in writing that such work is needed. The agent shall
obtain three bids from licensed contractors and shall accept
the lowest of said three bids and shall then ,Initiate the -work.
The agent shall be paid for all costs incurred including a
reasonable cormensation 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 commensation for
the agent's services shall in no event exceed an amount
equivalent to 10.$ of the actual cost of renairs 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 pe iod of five years.
8. Shculd 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 shall be entitled without
further notice to institute legal action for the collection
of funds advanced on behalf of such lot owner'in accordance
with the provisions of California Civil Code Section 845,
and shall be entitled to recover in such action in addition
to the funds advanced, interest thereon at the current prime
rate of interest, until paid, all costs and disbursements of
such action, including such sum or sums as the Court may fix
as and for a reasonable attorney's fees.
e. 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'_ot.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
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the sharing of liability with respect to personal injury or a
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 J
when such injury or damage results from, arises out of, or
is attributable to any maintenance or repairs undertaken
pursuant to this Agreement.
10. 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 :E
costs, including costs or defense and attorney's fees, to :1
the agent hereunder, or to any lot comer, anv contractor,
any subcontractor, any user of the road easement, or to any
other third persons arising out of or in any wav related to
the use of, repair 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 Countv'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, '1
officers, employees and agents, shall have absolutely no
responsibility or liability therefr)r.
11. 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. Unon.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 tc .neat the standards
set forth in Paragraph. 4 and to 'then assess costs to all lot
owners proportionately. The agent shall be responsible for
collecting the assessments and ensuring payment to the
County. If the agent fails to collect the assessments for
any reason, the County may pursue the remedy provided for
lot owners in Paragraph 8 hereof, or any other remedies at
law or in equity.
12. if the County elects to make necessary repairs in
accordance with paragraph 11 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.
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13.. foregoing
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The covenants shall run with the land and
shall be deemed to be -for the benefit of the land of each cf
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the lot owners and -each-..and every person who shall at anytime
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own all or any portion of the property referred to herein.
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14. 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 lost owners.
15. It is the purpcse of the signators hereto that this
instrument be
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recorded to the end and intent that the obligation
hereby created shall be
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and constitute a covenant running with
the land and any subsequent purchaser'of
all or any portion
thereof, by acceptance of delivery of a deed ar_d /or conveyance
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regardless -
or 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 institute legal action
as provided in Paragraph 8
hereof, such remedy to be cumulative and in addition to other
remedies provided in this'Agreement and to all other remedies
law
at or in equity.
16. The terms of this Agreement may be amended in writing
upon majority approval of the lot
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owners and consent of the
County.
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17. 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
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to be unenforceable or invalid by
any court of competent jurisdiction, the tyalidity, and
enforceability of the remaining provisions shall not be
affected thereby.
18. If the Property constitutes a "Common- Interest
Development" as defined in California Civil Code Section
1351(c)
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which will include membership in or ownership of an
"Association"
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as defined in California Civil Code Section
135 1(a),
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anything in this Agreement to the contrary
nonwithstanding, the following
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provisions shall apply at and
during such time as O the Property is encumbered by a
"Declaration"
(as defined in California Civil Code Section
1351(h), and (ii)
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the Common F_rea of the property (including
the private road easement) is managed and controlled by an
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Association;
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(a) The Association, through its Board'of Directors,
shall
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repair and maintain the private road easement and shall
be deemed the "agent"
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as referred to in Paragraph 7 above. The
Association, which shall not be
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replaced except by amendment is
the Declaration, shall receive
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no compensation for performing
such duties. The costs cf such iraintenance
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and repair shall be
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assessed`agains't each owner and his subdivision interest in
the Property pursuant to the Ceclaration. The assessments
f shall be_depositied -in the Association's corporate account.
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(b) The provisions"in the Declaration which provide for
t� assessment liens in favor of the Association and enforcement
thereof shall supersede Paragraph 8 of this Agreement in its
f- entirety. No individual owner shall have the right to alter,
maintain or repair any of the Conunon Area (as defined in
California Civil -Code Section 1351(b) in the Property except
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as-may be allowed by the Declaration.
(c) This Agreement shall, not be interpreted in any
y manner Which reduces or limits the Association's Z3yghcs an-
duties
{ pursuant to its Bylaws and the Declaration.•
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s It: WITNESS WHERFQF, the parties have executed this
Agreement on A day of August g 19 86 .
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(fOWNER: JOHN WILLIAM ALDERSON'
OWAIE$
COUNTY OF SAN DIEGO
OFF SE
` EH N
By of Y Pu I ALIFO NIA
A3r tor, Departm nt o 0 C0 NTY
1iC Works ly M. ex 'yes A 8, 89
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(Individual)
! STATE OF CALIF IA ,
COUNTY OF SS.
On thisy6,�"_ day of in the year before,me, the undersigned,
a Notary Public in and for 31d S ate, personally appeared G,.yq
- ( ¢ (personally known to me) to be the person
whose name _b subscribed to this instrument
and acknowledged that executed it.
W'
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\_ CIFFiC TAL SEAL
N WITNESS my and and official seal. "In!TH S IOCASIO
:.( -'Zy 01MLIC C - CALIFORNIA
" 'Y NTY
Signature t n OCT 31, 1986
— - �.�
oaw Form 177 (7/82) (This area for official notarial seal)
1588
EXHIBIT "A" PRIVATE ROAD EASEMENT LEGAL DESCRIPTION
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PARCEL
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An easement for road and utility purposes and incidentals thereto 60.00 feet
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in width, over, under, along and across that portion of Lot 7 of the
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Subdivision of RANCHO LAS ENCINITAS, in the County of San Diego, State of
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California, the center line of which is described as follows:
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Beginning at a point in the Southerly line of said Lot 7 distant thereon South
860 55' 53" West 193.36 feet from the Southeast corner thereof, being the
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Northerly terminus of the center line of Road Survey No. 554 as shown on
Record of Survey Map No. 6085, said point also being in the center line of
Road Survey No. 181; thence Northeasterly along said center line of Road
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Survey No. 181, as established by the center line of the existing travelled
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way as follows: North 080 15' 03" East a distance of 117.52 feet to the
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beginning of a tangent 1000.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle of 12° 21'
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41 ", a distance of 215.74 feet to the TRUE POINT OF BEGINNING of the herein
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described center line; thence South 86° 55' 53" West 510.06 feet to a point on
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the Easterly line of the land described in deed to Charles A. Matley and
Steven P. Krishe, recorded 'March- 16, 1972, Recorder's File No. 62561 of
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Official Records, distant thereon South 02° 08' 56" East 377.16 feet from the
Northeast corner thereof.
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The sidelines of the hereinbefore described easement shall be lengthened
and /or shortened so as to terminate in the Easterly line of said Matley and
Krishe land and in the Westerly line of the hereinbelow described Parcel F2.
PARCEL 2
An easement for road and utility purposes and incidentals thereto 60.00 feet
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in width, over, under, along and across that portion of Lot 7 of the
,
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Subdivision of RANCHO LAS ENCINITAS, according to Map thereof No. 848, in the
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County of San Diego, State of California, the center line of which is
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described as follows:
Beginning at the Northwest corner of said Lot 7; thence along the Northerly
line of said Lot 7, North 86° 59' 51" East 1278.11 feet to the Northeast
corner of the West Half of said Lot 7; thence along the Easterly line of said
West Half, South 02° 08' 56" East 1936.75 feet; thence North 86° 55' 53" East
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_176.65 feet to the TRUE POINT OF BEGINNING of the herein described center,
line; thence South 290 49' 00" East 61,92 feet to the beginning of a tangent
300.00 foot radius curve, concave Northeasterly; thence Southeasterly -along
the arc of said curve through a central angle of 21° 26' 02" a distance of
112.23 feet; thence tangent to said curve South 51° 15' 02" East 263.83'feet'
to the beginning of a tangent 223.00 foot radius curve concave Northeasterly;
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thence Southeasterly along the arc of said curve through a central angle of
41° 49' 05" a distance of 164.22 feet to a point on the East line of the land`'
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described in deed to Charles A. Matley and Steven P. Krishe, recorded March
16, 1972, Recorder's File No. 62561 of Official Records, distant thereon South
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02° 08' 56" East 377.16 feet from the Northeast corner thereof..
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The sidelines of the hereinbefore described easement shall be lengthened
and /or shortened so as to terminate in the Northerly and Easterly lines of
said Matley and Krishe land.
PARCEL 3
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An easement for road and utility purposes and incidentals thereto 60.00 feet
in width, over, under, along and across that portion of Lot 7 of the
Subdivision of RANCHO LAS ENCINITAS, according to Map thereof No. 848, in the
County of San Diego, State of California, the center line of which is
described as follows:
Beginning at a point in the Southerly line of said Lot 7 distant thereon South
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860 55' 53" West 193.36 feet from the Southeast corner thereof; being the
Northerly terminus of the center line of Road Survey No. 554 as shown on
Record of Survey No. 6085, said point also being in the center line of Road
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Survey No. 181; thence Northeasterly along said center line of Road Survey No.
181, as established by the center line of the existing travelled way as
follows: North 08° 15' 03" East a distance of 117.52 feet to the beginning of
a tangent 1000.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central angle of 19° 42'
30" a distance of 343.97 feet; thence tangent to said curve North 27° 57' 53"
East a distance of 120.84 feet to the Easterly line of said Lot 7.
The sidelines of the hereinbefore described easement shall be lengthened
and /or shortened as to terminate in said Southerly and Easterly line ,
respectively of Lot 7,
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PARCEL 4
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An easement and right of way for road and public utility purposes over, under,
along and across the Northerly 30.00 feet of that portion of Lot 7 of said Map
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No. 848, described as follows:
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Commencing at the Northwesterly corner of said Lot 7; thence along the
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Northerly line of said Lot 7, North 86° 59' 51" East 1278.11 feet to the
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Northeasterly corner of the West Half of said Lot 7; thence along the Easterly
line of the West Half of said Lot 7, South 02' 08' 56" East 1935.97 feet to
the TRUE POINT OF BEGINNING; thence South 86° 55' 53" West 624.10 feet; thence
South 02° 08' 56" East 698.05 feet to the Southerly line of said Lot 7; thence
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along said Southerly line North 86' 55' 53" East 624.10 feet to the
Southeasterly corner of the West Half of said Lot 7; thence along the Easterly
line of-the West Half of said Lot 7, North 02' 08' 56" West 698.05 feet to the
TRUE POINT OF BEGINNING.
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PARCEL 5
An easement for road and utility purposes and incidentals thereto, over,
under, along and across that portion of Lot 7 of the Subdivision of RANCHO LAS
ENCINITAS, according to Map thereof No. 848, in the County of San Diego, State
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of California, which is described as follows:
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Beginning at the Northwest corner of said Lot 7 thence along the Northerly
line of said Lot 7, North 860 59' 51" East 1278.11 feet to the Northeast
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corner of the West Half of said Lot 7; thence along the Easterly line of said
West Half, South 02 °_08' 56" East 1936.75 feet to the TRUE POINT OF BEGINNING;
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thence North 86° 55' 53" East 143.06 feet to the Southwesterly line of the
above described Parcel E2; thence South 29° 49' 00" East along said
Southwesterly line 77.04 feet; thence North 80° 47' 10" West 182.39 feet to a
point which bears South 02° 08' 56" East 30.00 feet from the TRUE POINT OF
BEGINNING; thence North 02° 08' 56" West 30.00 feet to the TRUE POINT OF
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BEGINNING.`
PARCEL 6:
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An easement for road and utility purposes and incidentals thereto over, under
and the Southerly 30.00
along across feet of Parcels 3 and 4 of Parcel Map
8305 filed in the Office of the County Recorder of San Diego County on
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January 18, 1979 as File No. 79- 029846.
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EXHIBIT "B" LEGAL DESCRIPTION
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Parcel 4 of Parcel Map 8305 filed on the Office of the County Recorder of
San Diego County on January 18, 1979 as File No. 79- 029846, together with
Or
that portion of Parcel 3 of said Parcel Map 8305 lying Southerly of the
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following described line:
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Beginning at the Northwest corner of said Parcel 4; thence Westerly along a line.'
parallel to the Northerly line of said Parcel 3, to an intersection with the
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Westerly line of said Parcel 3.
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,777 7