2010-10596 ILine: d, 8 Ao.8'74S
September 21, 2011
James Wing, Trustee
Aaron Brunswick California Trust UTD 4/17/90
701 Brickell Avenue, Ste. 3000
Miami, FL 33131
(305) 789 -7768
0&
Re: Permit issuance requirements for:
Application 10596 -1
Case # 07 -060 TPM
1050 Eolus Ave.
254 - 391 -28, 29, 30, 44
This letter summarizes the requirements for pulling your Engineering Permit for drawing 10596 -1. Your
approved plan will remain valid for six months. If the permit is not issued within six months from the date
of approval of the drawings, the plans will be subject to review by City staff for compliance with current
codes and regulations before a permit can be issued, and changes to the approved plans as well as
additional fees may be required. Additionally, work covered by an Engineering permit shall commence
within 90 days of the permit issuance or the permit shall become invalid. Engineering permits expire
following 90 days of inactivity on the work covered by the permit.
Please read through this letter carefully and contact the City with any questions you may have. It
contains information about many requirements that may apply to your project and can make the
process clearer and easier for you.
In order to obtain the permits to construct the work shown on your approved plans, you will need to satisfy
the requirements below. All of the items listed below must be submitted to the Engineering front counter
in one complete package at the time the applicant comes in to pull the permit. Partial submittals of any
kind will not be accepted. Your project planchecker will not accept any of the documents listed on behalf
of the Engineering front counter staff: all items must be submitted to the front counter directly together and
at one time. The correct number of each of the requested documents must be provided, copies of
documents submitted to the City during plancheck do not reduce the necessary quantities listed below.
(1) Provide 4 print sets of the approved drawing 10596 -1
Provide 2 copies of an approved Traffic Control Plan
(2) Post Security Deposits to guarantee all of the work shown on your approved drawings. The
amounts of security deposits are determined directly from the Approved Engineer's Cost Estimate
generated by your engineer according to a set of predetermined unit prices for each kind of work shown
on your plans. You will be required to post security deposit(s) as follows:
(a) N/A
(b) Security Deposit for Improvement Permit 10596 -I: in the amount $26.931.00 to guarantee
both the performance and labor/ materials for the improvements shown on the approved
improvement plan.
(c) N/A
(d) N/A
A minimum of 20% and up to 100% of the amount listed in item(s) 2(a) must be in the form of
cash, certificate of deposit, letter of credit, or an assignment of account. Up to 80% of the amount
listed in item 2(a) may be in the form of auto- renewing Performance and Labor and Materials
Bonds issued by a State of California licensed surety company.
Up to 100% of the amount(s) listed in item(s) 2(b), 2(c), and/or 2(d) may be in the form of auto -
renewing Labor and Materials bonds issued by a State of California licensed surety company.
Cash, certificates of deposit, letters of credit, and assignments of account are also acceptable
financial instruments.
If a certificate of deposit (CD) will be obtained to secure the entire amount(s) listed in item(s) 2(a)
and /or 2(b), two separate CD's for 25% and 75% of the amount(s) listed in item(s) 2(a) and/or
2(b) should be obtained in order to facilitate any future partial release of those securities. CD's
posted may be of any term but must be auto - renewing and must specify the City of Encinitas as a
certificate holder and include a clause that until the City of Encinitas provides a written request for
release of the CD, the balance shall be available to the City upon its sole request.
The format of any financial instrument is subject to City approval, may be in the owner's name
only, and must list the City of Encinitas as a Certificate Holder.
For any questions regarding how to post securities, bonding, or the required format of securities,
please contact Debra Geishart at 760 - 633 -2779.
(3) Pay non - refundable fees as listed below:
Fee Type Amount
Improvement Inspection 1 346.55
NPDES Inspection (Improvement) $269.31
The grading and improvement inspection fees are calculated based on 5% of first $100,000.00 of
the approved Engineer's cost estimate dated October 21, 2010 and 3% of the cost estimate over
$100,000.00. The NPDES inspection fee is assessed as 1% of the first $100,000.00 of the
approved Engineer's cost estimate and 0.6% of the cost estimate over $100,000.00. The flood
control fee is assessed at a rate of $0.21 per square foot of net new impervious surface area for
driveway and parking areas as created per the approved plan.
(4) Provide the name, address, telephone number, state license number, and license type of the
construction contractor. The construction of any improvements within the public
right -of -way or public easements is restricted to qualified contractors possessing the
required state license as listed in the table below. The contractor must also have on file with
the City current evidence of one million dollar liability insurance listing the City of Encinitas as co-
insured. Additional requirements are described in the handout "Requirements for Proof of
Insurance" available at the Engineering front counter.
Type
Description
Work to be Done
A
General Engineering
any & all
C -8
Concrete
a ron /curb! utter /ram isidewalk
C -10
Electrical
lighting/signals
C -12
Grading & Paving
any surface, certain drain -
basinsichannels
C -27
Landscaping
lantinglirrigation /fencing &other
(5) Permits are valid for no more than one year from the date of issuance and may expire earlier due
to expirations of letter of credit and /or insurance policies.
(6) This project does not propose land disturbance in excess of one acre and is exempt from the
State Storm Water Pollution Prevention Plan (SWPPP) requirement. An erosion control plan shall
be implemented per the approved grading plan.
Preconstruction Meeting: A preconstruction meeting at the project site is mandatory for all projects.
The preconstruction meeting may not be scheduled until the Engineering permit(s) have been issued, and
the applicant/contractor must give the assigned Engineering inspector a minimum of 48 hours advance
notice prior to the scheduled meeting time.
Right -of -Way Construction Permit: A separate right -of -way construction permit will be required for any
work in the public right -of -way or public easements. Typically, this work may include construction or
reconstruction of a portion of the driveway within the public right -of -way, excavation, backfill, and
resurfacing to install electric, gas, telephone, and cable television lines, or water and sewer connections.
A permit fee of $300.00 per application and a site plan, preferably the work order issued by the public
utility, will be required. Contractor license and insurance requirements apply. Permits must be issued at
least 48 hours in advance of the start of work.
Haul Routes, Traffic Control Plans, and Transportation Permits: These separate permits may be
required for your project and are handled by the Traffic Engineering Division. A fee of $250.00 is required
for traffic control plans. For more details, contact Raymond Guarnes, Engineering Technician, at (760)
633 -2704.
Release of Project Securities:
project inspector. The processing and release of securities may take up to 4 weeks after the release
process is initiated by the project Engineering inspector. Any cash releases will be mailed to the address
on this letter unless the City is otherwise notified, and all letters mailed to a financial institution will be
copied to the owner listed hereon. Satisfactory completion of Final Inspection certified by the project
Engineering inspector is a prerequisite to full release of the Security Deposit assigned to any Grading
Permit. A sum in the amount of 25% of the securities posted for improvement permits will be held for a
one -year warranty period, and a release is automatically initiated at the end of that warranty period.
Construction Changes: Construction changes prepared by the Engineer of Work will be required for all
changes to the approved plans. Requests for construction change approval should be submitted to the
Engineering Services Department front counter as redlined mark -ups on 2 blueline prints of the approved
Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation
due to the proposed changes may be cause for assessment and collection of additional inspection fees
and security deposits. Construction change fees of $200.00 and $350.00 will be assessed for minor and
major construction changes, respectively. Construction changes necessitating a new plan sheet will be
assessed the per -sheet plancheck and NPDES plancheck fees in lieu of the construction change fee.
Construction changes not previously approved and submitted as as -built drawings at the end of the
construction process will be rejected and the securities release will be delayed.
Change of Ownership: If a change of ownership occurs following approval of the drawing(s), the new
owner will be required to submit to the City a construction change revising the title sheet of the plan to
reflect the new ownership. The construction change shall be submitted to the Engineering front counter
amenities
C -29
Masonry
retaining walls
C -32
Parking &Highway
Improvement
signagelstripinglsafety
C -34
Pipeline
sanitary sewerlstorm drain
(5) Permits are valid for no more than one year from the date of issuance and may expire earlier due
to expirations of letter of credit and /or insurance policies.
(6) This project does not propose land disturbance in excess of one acre and is exempt from the
State Storm Water Pollution Prevention Plan (SWPPP) requirement. An erosion control plan shall
be implemented per the approved grading plan.
Preconstruction Meeting: A preconstruction meeting at the project site is mandatory for all projects.
The preconstruction meeting may not be scheduled until the Engineering permit(s) have been issued, and
the applicant/contractor must give the assigned Engineering inspector a minimum of 48 hours advance
notice prior to the scheduled meeting time.
Right -of -Way Construction Permit: A separate right -of -way construction permit will be required for any
work in the public right -of -way or public easements. Typically, this work may include construction or
reconstruction of a portion of the driveway within the public right -of -way, excavation, backfill, and
resurfacing to install electric, gas, telephone, and cable television lines, or water and sewer connections.
A permit fee of $300.00 per application and a site plan, preferably the work order issued by the public
utility, will be required. Contractor license and insurance requirements apply. Permits must be issued at
least 48 hours in advance of the start of work.
Haul Routes, Traffic Control Plans, and Transportation Permits: These separate permits may be
required for your project and are handled by the Traffic Engineering Division. A fee of $250.00 is required
for traffic control plans. For more details, contact Raymond Guarnes, Engineering Technician, at (760)
633 -2704.
Release of Project Securities:
project inspector. The processing and release of securities may take up to 4 weeks after the release
process is initiated by the project Engineering inspector. Any cash releases will be mailed to the address
on this letter unless the City is otherwise notified, and all letters mailed to a financial institution will be
copied to the owner listed hereon. Satisfactory completion of Final Inspection certified by the project
Engineering inspector is a prerequisite to full release of the Security Deposit assigned to any Grading
Permit. A sum in the amount of 25% of the securities posted for improvement permits will be held for a
one -year warranty period, and a release is automatically initiated at the end of that warranty period.
Construction Changes: Construction changes prepared by the Engineer of Work will be required for all
changes to the approved plans. Requests for construction change approval should be submitted to the
Engineering Services Department front counter as redlined mark -ups on 2 blueline prints of the approved
Drawing. Changes are subject to approval prior to field implementation. Substantial increases in valuation
due to the proposed changes may be cause for assessment and collection of additional inspection fees
and security deposits. Construction change fees of $200.00 and $350.00 will be assessed for minor and
major construction changes, respectively. Construction changes necessitating a new plan sheet will be
assessed the per -sheet plancheck and NPDES plancheck fees in lieu of the construction change fee.
Construction changes not previously approved and submitted as as -built drawings at the end of the
construction process will be rejected and the securities release will be delayed.
Change of Ownership: If a change of ownership occurs following approval of the drawing(s), the new
owner will be required to submit to the City a construction change revising the title sheet of the plan to
reflect the new ownership. The construction change shall be submitted to the Engineering front counter
as redline mark -ups on two blueline prints of the approved drawing together with two copies of the grant
deed or title report reflecting the new ownership. Construction change fees apply. The current owner will
be required to post new securities to replace those held by the City under the name of the former owner,
and the securities posted by the former owner will be released when the replacement securities have been
received and approved by the City.
Change of Engineer of Work: If a change in engineer of work occurs following the approval of the
drawing(s), a construction change shall be submitted for review and approval by the Engineering
Department. Two copies of the forms for the assumption of responsibility by the new engineer and the
release of responsibility by the former engineer shall be completed and submitted to the City.
Construction change fees apply.
As- builts: Project as -built drawings prepared by the Engineer of Work will be required prior to Final
Grading acceptance by Engineering Services. Changes to the approved plans require a construction
change to be submitted to the City prior to field implementation. Construction changes may not be
submitted as as- builts at the end of the construction process.
This letter does not change owner or successor -in- interest obligations. -If there should be a substantial
delay in the start of your project or a change of ownership, please contact the City to request an update.
Should you have questions regarding the posting of securities, please contact Debra Geishart, who
processes all Engineering securities, at (760) 633 -2779.
Should you have any other questions, please contact me at (760) 633 -2867 or visit the Engineering
Counter at the Civic Center to speak with an Engineering Technician.
Sincerely,
Steven Nowak, PE
Associate Civil Engineer
cc Sowards and Brown, Engineer of Work
Debbie Geishart, Engineering Technician
Greg Shields, Senior Civil Engineer
Masih Maher, Senior Civil Engineer
permit/file
Enc Application
Requirements for Proof of Insurance
Security Obligation Information
DOC # 2011-0428649
111111111111 IIIII IIIII IIIII IIIII III I IIIII I III III I I III III I Ilil IIII
M AUG 19, 2011 3:24 PM
Recording Requested by: ) SAN DIEGO COUNTY RECORDER'S OFFICE
Leucadia Wastewater District ) Ernes tJ . Drone nburq,Jr.. COUNTY RECORDER
nrj ) FEES: 10.00
�� ^^ When Recorded, Mail to ) DC: NA
Ci District Engineer ) PAGES: 5
Leucadia Wastewater
1960 La Costa AvenuDistriet I Mill Hill Hill Hill Hill IIIII Hill Hill Hill Hill Hill Hill Hill Hill Hill 1111111
Carlsbad, CA 92009 ) SPACE Attu V r. PuK ttr t O&unrta uwc vtvr, r
For the benefits of the District
495
Assessor's Parcel
No. 254- 391 -44
GRANT OF EXCLUSIVE SEWER EASEMENT
LW D Location Code 3252 -805
Documentary Transfer Tax $_0_(Easement) David J. Berardo, successor trustee of
the Aaron Brunswick California Asset trust dated 4/17/1990, its successors and assigns,
( "GRANTOR ") hereby grants to the LEUCADIA WASTEWATER DISTRICT, a governmental
entity and its successors and assigns; ( "GRANTEE "), a perpetual exclusive easement and right -
of -way upon, in, across, over, and under the lands described below, to erect, install, construct,
repair, replace, and maintain sewer pipelines and/or mains, manholes, sewer lateral pipelines,
and all structures and appurtenances incidental thereto, (hereinafter "facilities "), above and
below ground, at such locations within the easement as GRANTEE may from time to time
determine.
Said easement is located in the City of Encinitas, County of San Diego, State of
California, and is more particularly described on Exhibits A and B attached hereto and
incorporated herein by this reference.
GRANTOR grants the right of ingress and egress to GRANTEE to and from said
easement by reasonable routes to carry out the purposes of this easement, together with the right
to use the easement for GRANTEE's access to adjacent property. GRANTOR reserves to itself,
and its successors and assigns, the right of ingress and egress across the easement surface at all
times except during construction, repair, or maintenance of the facilities. GRANTOR
additionally reserves to itself, and its successors and assigns the right to erect and maintain
fencing and gates within or to the easement as long as the fencing does not unreasonably
interfere with GRANTEE's use and maintenance of its facilities and provided GRANTEE is
given a key to gates that are locked.
GRANTOR shall not alter the easement grade or obstruct the surface area. GRANTOR
shall not plant any landscaping (including trees), or construct any structures or improvements
(including paving) within the easement without the prior written consent of GRANTEE.
GRANTOR will be responsible for all such landscaping or improvements (including paving)
consented to by GRANTEE within the easement, and GRANTEE will not be liable for any
damage thereto.
Appendix A Exclusive Sewer Easement
Page 1 of 3
Notwithstanding any consent granted by GRANTEE, GRANTEE shall have the right to
alter, trim and/or remove landscaping or other improvements within the easement, including
paving, as GRANTEE deems necessary for maintenance or repair purposes to otherwise exercise
its rights under this easement, and GRANTOR waives any right to compensation for the
alteration or removal of such improvements.
For routine construction, repair, and maintenance of GRANTEE's facilities within the
easement, GRANTEE shall provide GRANTOR 48 -hours notice in writing or by telephone prior
to initiating work. GRANTEE shall not be obligated to provide GRANTOR with notice in the
event of an emergency involving GRANTEE's facilities where the emergency precludes, as a
practical matter, the giving of prior notice.
The easement conveyed by this grant is exclusive. Additional easements or rights -of -way
across the easement are not permitted.
All terms and conditions of this easement shall be binding upon the parties, their
successors and assigns. The benefits and burdens herein are intended, and shall, run with the
land. In the event of litigation to interpret or enforce the terms and provisions of this easement,
the prevailing party shall be entitled to recover reasonable attorney fees, expert fees, including
engineering fees, and investigative fees, in addition to costs. This easement represents the entire
agreement between the parties and shall not be modified except by a written instrument signed
by the patties and recorded.
GRANTOR expressly warrants and represents that it has the power to grant this easement
in accordance with its terms.
a.
i
IN PFNESS WHEREOF, GRANTOR executed on this ,(1 L /day of
20jl_ at
(GRANT R)
David J. Berardo, �o
litity and State)
STATE OF CALIFORNIA
COUNTY OF 1A
On / /�� before me Stfpka- f,e C } it Lc� FSaC �u$u�
(Insert name and title f the officer)
personally appearedo /. -IPT P/r
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/sheJthey
executed the same in his/her /their authorized capacity(ies), and that by his/her /their
Appendix A
Exclusive Sewer Easement
Page 2 of 3
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 official seal:
1C''R
sss31 euc•cu�owiu
j1AR
ANOELESCOUMTY 0
Signature of Notary Public
µMS JULY 14.20 111
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed or Grant dated
8/16/11 from David J. Berardo to Leucadia Wastewater
District, a political corporation and/or governmental agency, is hereby accepted by order of the
Board of Directors of Leucadia Wastewater District on N/A
(or by the undersigned officer or agent on behalf of the Board of Directors of Leucadia
Wastewater District pursuant to authority conferred by Resolution No. 410 of the Board of
Directors of Leucadia Wastewater District adopted on December 14, 1972), and the Grantee
consents to recordation thereof by its duly authorized officer.
DATED: 8/16/11
SECRET -MANA R
LEUCADIA WASTEWATER DISTRICT
Appendix A
Exclusive Sewer Easement
Page 3 of 3
EXHIBIT'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
(APN: 254 -391 -44)
04 -131
11/15/10
THAT PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 17730, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY JULY 23, 1996, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE WESTERLY LINE OF
SAID PARCEL
1. NORTH 15 003'51" WEST 150.00 FEET
2. NORTH 74 056'09" EAST 10.00 FEET,
1 SOUTH 15 003'51" EAST 20.00 FEET;
4. SOUTH 74 056'09" WEST 10.00 FEET
5. NORTH 15 003'51" WEST 20.00 FEET
CONTAINS 200 SQUARE FEET. MORE OR LESS.
TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID WESTERLY LINE
THENCE
THENCE
TO THE WESTERLY LINE OF SAID PARCEL, THENCE
ALONG SAID WESTERLY LINE
TO THE TRUE POINT OF BEGINNING.
a
a
a
EXHIBI T "B"
PLAT FOR
PUBLIC SEWER EASEMENT
N74 55'57 "E 299.95'
I
I
I
T. P.O. B. 47456'091E 10.00'
I N15113'51 'W 20.00'
N
3 PROPOSED SEWER
EASEMENT
N74-56'09 'E 10.00'
z I
v
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qC)��C) I
01
I2
ro
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to
Ip
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APN: 254 - 391 -44
1050 EOL US AVENUE
o, I
N745545 "E 234.07
I
I° VANO s
n Z �
o J No. 6 a
12 xp. /30/12
P.0.8. -- - -�
JI9 �P
N745545 "E 65.96' OF ml�
JOB No.: 04 -131 11115110
SOWARDS & BROWN ENGINEERING�
CONSlA�MO ENOINHN9
31� MENSaBRE /�YENUE BVrtE 1Ri
c.�nars ev 1Ne aEw u. oxmr
re� �eoioe enoo
SOWARDS ArjL BROWN ENGINEERING
10/21/10
04131
DESCRIPTION
CITY OF ENCINITAS
ENGINEER'S ESTIMATE
FOR
HYMETTUS AVENUE SEWER EXTENSION
QUANTITY UNIT UNIT COST TOTAL
Trench Shoring (5' -10')
200
LF
11.20
2,240
Trench Shoring (11' -15')
70
LF
17.40
1,218
Trench Shoring (Greater than 15')
115
LF
25.00
2,875
Trench Resurfacing
320
LF
25.00
8,000
Traffic Control
4
DAY
1000.00
4,000
Trench Plating
4100
SF
1.50
6.150
oc� tiT vt
� V j
04131 se"rext es7. x1s
Subtotal $ 24,483
10% contingency $ 2,448
TOTAL ENGINEER'S ESTIMATE $ 26,931
9 �J6i 90 r^,
6190112
f� CMS CkL1F
/
�OF �0
2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BY THE SEA, CA 92007
(760) 436 -8500 • FAX (760) 436 -8603
SOWAROS Ami BROWN ENGINEERING
CITY OF ENCINITAS
ENGINEER'S ESTIMATE
FOR
HYMETTUS AVENUE SEWER EXTENSION
DESCRIPTION
8" Sewer Main
6' deep
8' deep
10' deep
12'deep
16' deep
20' deep
SMH (4') PER LWD S -3
SMH (5) PER LWD S-4 (22' DP)
Sewer Lateral
Connect to Existing Stub
Trench Shoring (5-10')
Trench Shoring (11' -15')
Trench Shoring (Greater than 15')
Trench Resurfacing
04131. sewerext. est. xls
QUANTITY UNIT
UNIT COST TOTAL
140
LF
115.00
16,100
45
LF
121.00
5,445
30
LF
125.00
3,750
55
SF
144.00
7,920
40
SF
181.00
7,240
60
SF
236.00
14,160
2
EA
3175.00
6,350
1
EA
7000.00
7,000
3
EA
1000.00
3,000
1
EA
750.00
750
200
LF
11.20
2,240
70
EA
17.40
1,218
115
EA
25.00
2,875
320
LF
25.00
8,000
Subtotal $ 86,048
10% contingency $ 8,605
TOTAL ENGINEER'S ESTIMATE $ 94,653
Or CP�tF�
ii
2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BY THE SEA, CA 92007
(760) 436 -8500 • FAX (760) 436 -8603
3
CONSTRUCTION SKETCH
N 111'
APM, 254-391-33
EXISTING EASEMENT FOR ROAD PURPOSES a
95 RECORDED OCTOBER 10, 1969 AS FILE
154.4 NO. 1960 - 186371 OF OFFICIAL RECORDS AND
PUBLIC U7ILITY EASEMENT RECORDED DECEA48ER 10, 1969
nLE NO. 1969 - 224626.
PROPOSED 8' SEWER MAIN
aI
N 476'30,, "E 100.00'
o
S S o
N
I 149531C PROPOSED 4" SEWER LATERAL
DRIVE WAY 149.1 t 114z 1+f LEGEND
PROPOSED SEWER �. DESCRIPPON SYMBOL
i EASEMENT I4ae1 I NEDNG SEWER
3 L
GARAGE
,M EXISTING SEEPAGE PIT •
TO BE BACKFRLED WITH
r 15452 I I v NATURAL MATERIAL
21 I y EXISTING SEPTIC TANK ■
MAIN RESIDENCE I TO BE PUMPED AND
BACKFlLLEO WITH
NATURAL MATERIAL
I I
1 1
so' APN. 254 -391 -30 APIV,, 264-391--P8
1047 HYMETTUS AVENUE i
(ROGERS)
S7476 30 'W 100.00'
�L JUL 2 9 2010
OF EV In " "' X6 No.: 04 -131 7122110
SOWARDS & BROWN ENGINEERING
eor+euurwo a+ar+eae
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ru. �av +raeao rwx +eoi�as..asm
CONSTRUCTION SKETCH
APN: 254 - 391 -31
EXISTING EASEMENT FOR ROAD PURPOSES
RECORDED OCTOBER 10, 1969 4S FILE
NO. 1960- 186311 OF OFFICIAL RECORDS AND
PUBLIC UALITY EASEMENT FILE NO. 1969- 224626
AND 1969 - 214630 BOTH REC DED DECEMBER 10,
1 ?
FPS N74163Q"E� RO SED 8' SEWER MAIN
S S
14278K
S .. I —
r - _ - - �1u. % I %D, RICK
VEWAY
111 PROPOSED SEWER 145.0;
EASEMENT PROPOSED 4" SEWER LATERAL
I 1
g
�I
31
�I
M
v
zl
I
AFN. 25 4- 391-30
EXISTING
SEWER CLEANOUT
MAIN RESIDENCE
APN: 254 - 391 -28
1065 HYMETTUS AVENUE
(BRUINZEEL)
S74'16'30"W 100.00'
0
N'11
ti
1 LEGEND
DESCRIPTION SYMBOL
I
I EXISTING SEWER
LINE
8 EXISTING SEEPAGE PIT •
TO BE BACKFILLED WITH
1 W NATURAL MATERIAL
EXISTING SEPTIC TANK ■
TO BE PUMPED AND
H BACKFILLED WITH
I NATURAL MATERIAL
APN: 25- 4- 391 -29
JOB No.: 04 -131 7121110
SOWARDS & BROWN ENGINEERING
eoaav�rwn vaaneena
a +a> nawcws>uE wvenue ewrc ,w
cwww� sv TMa sew. cw.. aam>
xu >espse.aeao �wr >aouaaami
CONSTRUCTION SKETCH
/V
EXISTING EASEMENT FOR ROAD PURPOSES RECORDED
OCTOBER 10, 1969 AS FILE N0. 1960 - 186371 OF
OFFICIAL RECORDS AND PUBLIC UTILITY EASEMENT
RECORDED DECEMBER 10, 1969 FILE NO. 1996- 124626
AND N0. 224630.
AM 254- 391 -31
PROPOSED APIY> 251- 391 -32 - 1.5/ DIA. AVOCADO TREE
SEWER M� 0 E EXISTING UTILITIES TO REMAIN
/
CA TV AND TELEPHONE PORTION OF EXISTING WOOD
FENCE TO BE REMOVED
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LEGAL DESCRIPTION
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THAT PORTION OF LOT 2 IN BLOCK 'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF THE WESTERLY 100.00
FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN DOCUMENT NO. 1994 - 0702226 RECORDED
DECEMBER 7, 1994 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE
ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET
1. NORTH 74 016'30" EAST 100.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID
WESTERLY 100.00 FEET, THENCE ALONG SAID
EASTERLY LINE
2 SOUTH 150 43'30" EAST 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00
FEET SOUTH OF THE NORTHERLY LINE OF SAID
SOUTHERLY 150.00 FEET; THENCE ALONG SAID
PARALLEL LINE
3. SOUTH 74016'30" WEST 100.00 FEET
4. NORTH 15 °43'30" WEST 20.00 FEET
CONTAINS 2000 SQUARE FEET, MORE OR LESS.
TO THE WESTERLY LINE OF SAID LOT 2, THENCE
ALONG SAID WESTERLY LINE
TO THE POINT OF BEGINNING.
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FILE NO. 1969 - 214626.
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DATE:07 -26 -2010 TIME:10:13:09
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2 S 15/43/30 E 164/16/30 20.00 152
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3 S 74/16/30 W 254/16/30 100.00 161 - -- 160
4 N 15/43/30 W 344/16/30 20.00 160 - -- 153
AREA.... 2000 SQ.FT.
AREA...... .046 ACRES
PERIMETER.... 240.00 FEET
LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST.
CLOSING ERROR ... BRNG /AZ /DIST. S 78/41/24 W 258/41/24 0
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04 -131
10/21/10
EXHIBIT'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
THAT PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 17730, IN THE CITY OF ENCINITAS.
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY JULY 23, 1996, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE ALONG THE WESTERLY LINE OF
SAID PARCEL
1 NORTH 15 °03'51" WEST 150.00 FEET
2 NORTH 74 056'09" EAST 10.00 FEET,
3 SOUTH 15 003'51" EAST 20.00 FEET;
4, SOUTH 74 056'09" WEST 10.00 FEET
5 NORTH 15 °03'51" WEST 20.00 FEET
CONTAINS 200 SQUARE FEET, MORE OR LESS.
TO THE TRUE POINT OF BEGINNING, THENCE
LEAVING SAID WESTERLY LINE
THENCE
THENCE
TO THE WESTERLY LINE OF SAID PARCEL; THENCE
ALONG SAID WESTERLY LINE
TO THE TRUE POINT OF BEGINNING
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JOB NAME... BRUNSWICK BOLUS AVENUE JOB CODE ... 0092 -150
DATE:10 -22 -2010 TIME:14:38:30
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1 N 74/56/09.0 E 74/56/09.0 10.000 150 - -- 135
_______________________________________________________________________________
2 S 15/03/51.0 B 164/56/09.0 20.000 135 - -- 136
_______________________________________________________________________________
3 S 74/56/09.0 W 254/56/09.0 10.000 136 - -- 137
---------- _------------------------------------------------------ _-------------
4 N 15/03/51.0 W 344/56/09.0 20.000 137 - -- 150
_______________________________________________________________________________
AREA.... 200 SQ.FT.
AREA.... . .005 ACRES
PERIMETER.... 60.000 FEET
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OCHICAGO TITLE COMPANY
AARON BRUNSWICK
AARON BRUNSWICK
2220 AVENUE OF THE STARS #804 WEST
LOS ANGELES, CALIFORNIA 90067
SECOND AMENDED
Reference: EOLUS AVE
CALIFORNIA
PRELIMINARY REPORT
Dated as of: October 13, 2010 at 7:30 AM
Order No. 53041190 - U50
In response to the application f or a policy of title insurance referenced herein, Chicago Title Insurance Company hereby
reports that rt is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance
describingq the land and the estate or interest therein hereinafter set forth, insuring agqainst loss which may be sustained by
reason ofany defect, lien or encumbrance not shown or referred to as an excepbongterein or not excluded from coverage
P u rsu ant to the printed Schedules. Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's
Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages
are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which
issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One
of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land.
The form of Policy or Policies of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: ChicagoTitle.com
Title Department:
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #500
SAN DIEGO, CA 92108
(619)521 -3500 Fax
Tom Votel /Ken Cyr
Title Officer
PRLFPS 06/25/07M
(619)521 -3608
O
SCHEDULE A
Order No: 53041190 U50 Your Ref: EOLUS AVE
I. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK CALIFORNIA ASSET TRUST UTD
4/17/90
3. The land referred to in this report is situated in the State of California, County of SAN DIEGO
and is described as follows:
PARCEL 1 AND REMAINDER PARCEL OF PARCEL MAP NO. 17730, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1996.
SCHEDULE B
Page I
Order No: 53041190 U50 Your Ref: EOLUS AVE
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011.
1ST INSTALLMENT: $4,789.18
PENALTY: $478.91 (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $4,789.18
PENALTY AND COST: $488.91 (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: NONE
CODE AREA: 19078
ASSESSMENT NO: 254- 391 -43
AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN.
PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011.
1ST INSTALLMENT: $2,168.84
PENALTY: $216.88 (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $2,168.84
PENALTY AND COST: $226.88 (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: NONE
CODE AREA: 19078
ASSESSMENT NO: 254- 391 -44
AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN.
B 2. SAID PROPERTY HAS BEEN DECLARED TAX - DEFAULTED FOR NON- PAYMENT OF
DELINQUENT TAXES FOR FISCAL YEAR 2009 -2010 (AND SUBSEQUENT YEARS, IF ANY)
AMOUNT TO REDEEM: $16,227.50
IF PAID BY: OCTOBER 31, 2010
C 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
D 4. THE RECITAL CONTAINED IN THE OWNER'S CERTIFICATE ON SAID MAP, WHICH
AGREES TO ALLOW THE CROSS -ARMS OF POLES OR OTHER SIMILAR STRUCTURES
PLACED ALONG THE RIGHT OF WAY OF CERTAIN HIGHWAYS ON SAID MAP TO OVERHANG
THE ABUTTING PROPERTY.
E 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
PREB 40A1197Ek
SCHEDULE B
Page 2 (continued)
Order No: 53041190 U50 Your Ref: EOLUS AVE
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: APRIL 15, 1926 IN BOOK 1117, PAGE 59 OF DEEDS
AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT
DISCLOSED OF RECORD.
F 6. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING ANY COVENANT OR
RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL
STATUS, OR NATIONAL ORIGIN) AS SET FORTH IN THE DOCUMENT
RECORDED: DECEMBER 24, 1929 IN BOOK 1704, PAGE 471 OF DEEDS
G SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
H 7. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO
THEREIN
DATED: MARCH 31, 1983
TRUSTOR: AARON BRUNSWICK, a single man; AND TADAO ITO AND
KUZUKO ITO, husband and wife, EACH AS TO AN UNDIVIDED
ONE -HALF INTEREST
TRUSTEE: STEWART TITLE COMPANY OF SAN DIEGO, A California
Corporation
BENEFICIARY: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
RECORDED: JULY 6, 1983 AS FILE NO. 83- 229408, OFFICIAL RECORDS
8. A LIEN SECURING PERFORMANCE OF A CONTRACT FOR IMPROVEMENTS IN THE PUBLIC
RIGHT OF WAY, AS AGREED TO IN A DOCUMENT:
DATED: MARCH 18, 1996
EXECUTED BY: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK
CALIFORNIA ASSET TRUST CREATED ON APRIL 17, 1990
IN FAVOR OF: THE CITY OF SAN DIEGO
RECORDED: APRIL 23, 1996 AS FILE NO. 1996- 0199909 OF OFFICIAL
RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
9. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS
THEREIN
EXECUTED BY: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK
CALIFORNIA ASSET TRUST CREATED ON APRIL 17, 1990
IN FAVOR OF: THE CITY OF ENCINITAS
Page 3
SCHEDULE B
(continued)
Order No: 53041190 U50 Your Ref: EOLUS AVE
RECORDED: APRIL 23, 1996 AS FILE N0 1996- 0199911 OF OFFICIAL
RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
K SAID DOCUMENT RECITES IN PART AS FOLLOWS: "NO BUILDING PERMIT SHALL BE
ISSUED BY THE CITY OF ENCINITAS FOR THE REMAINDER PARCEL UNTIL IT IS
FURTHER SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 24 OF THE ENCINITAS
MUNICIPAL CODE. THIS COVENANT IS PLACED ON THE PROPERTY TO SATISFY THE
CONDITIONS OF APPROVAL NOTICE OF DECISION DCD 94 -028, CONDITION 7.B."
L 10. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS
THEREIN
EXECUTED BY: AARON BRUNSWICK, TRUSTEE OF THE AARON BRUNSWICK
CALIFORNIA ASSET TRUST CREATED ON APRIL 17, 1990
IN FAVOR OF: THE CITY OF ENCINITAS
RECORDED: APRIL 23, 1996 AS FILE NO. 1996- 0199912 OF OFFICIAL
RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS
M SAID DOCUMENT RECITES IN PART AS FOLLOWS:
A: "MUNICIPAL CODE CHAPTER 23.98 IN EFFECT AT TIME OF FEES BEING PAID,
PARK FEES FOR THE DEVELOPMENT SHALL BE THE TOTAL SUM FOR PARCEL 1 FOR TPM
94 -046. EACH PARCEL SHALL PAY THE PRORATED FEE PRIOR TO FINAL OCCUPANCY
APPROVAL.
B: IN ACCORDANCE WITH THE MUNICIPAL CODE CHAPTER 23.94 IN EFFECT AT TIME
OF FEES BEING PAID, TRAFFIC FEES FOR THE DEVELOPMENT SHALL BE TOTAL SUM FOR
PARCELS 1 FOR TPM 94 -046. EACH PARCEL SHALL PAY THE PRORATED FEE PRIOR TO
FINAL OCCUPANCY APPROVAL.
C: IN ACCORDANCE WITH THE MUNICIPAL CODE CHAPTER 23.96 IN EFFECT AT TIME
OF FEES BEING PAID, FLOOD CONTROL FEES SHALL BE ASSESSED AND COLLECTED
DURING THE BUILDING PERMIT PROCESSING PRIOR TO THE CONSTRUCTION OF ANY
IMPERVIOUS SURFACES."
N 11 A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS
THEREIN
EXECUTED BY: AARON BRUNSWICK, TRUSTEE AND MARGARET L. KENNEDY,
TRUSTEE
IN FAVOR OF: THE CITY OF ENCINITAS
RECORDED: SEPTEMBER 19, 1997 AS FILE NO. 1997- 0461402
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS
PRELIMBC 9 /2319304
Page 4
Order No: 53041190 U50
SCHEDULE B
(continued)
Your Re(: EOLUS AVE
0 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $200,000.00
DATED: JUNE 23, 2004
TRUSTOR: MARGARET L. KENNEDY, TRUSTEE OF THE MARGARET L.
KENNEDY TRUST, DATED JULY 9, 1997
TRUSTEE: AMERICAN SECURITIES COMPANY
BENEFICIARY: WELLS FARGO BANK, N.A.
RECORDED: JULY 19, 2004 AS FILE NO. 2004 - 0670895, OFFICIAL
RECORDS
ORIGINAL LOAN
NUMBER: 0651 - 651- 6762301 -1998
AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN.
v 13. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT ", DATED APRIL 5, 2006
EXECUTED BY AARON BRUNSWICK AND JASPER BRUINZEEL AND SUSAN E. BRUINZEEL,
SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED,
RECORDED AUGUST 11, 2006 AS FILE NO. 2006 - 0574582 OF OFFICIAL RECORDS.
w 14. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT ", DATED JULY 5, 2006
EXECUTED BY AARON BRUNSWICK AND PATRICIA A. WOOTEN SUBJECT TO ALL THE
TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11,
2006 AS FILE NO. 2006- 0574583 OF OFFICIAL RECORDS.
x 15. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT ", DATED JULY 10, 2006
EXECUTED BY AARON BRUNSWICK AND DIANE C. ROGERS, SUBJECT TO ALL THE TERMS,
PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11, 2006 AS
FILE NO. 2006- 0574584 OF OFFICIAL RECORDS.
P 16. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND.
MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN.
q 17. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
R END OF SCHEDULE B
s NOTE NO. 1: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF
THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE
ORIGINAL TRUST AGREEMENT INCLUDING ALL EXHIBITS LISTING REAL AND PERSONAL
PROPERTY TRANSFERRED INTO THE TRUST TOGETHER WITH COMPLETE COPIES OF ANY
AMENDMENTS OR MODIFICATIONS THERETO. THE COMPANY MUST ALSO BE FURNISHED
WITH A VERIFICATION OF ALL PRESENT TRUSTEES STATING THAT THE COPY BEING
FURNISHED IS A TRUE AND CORRECT COPY OF THE ENTIRE TRUST AGREEMENT
INCLUDING ALL MODIFICATIONS OR AMENDMENTS; THAT THE TRUST IS CURRENTLY IN
PRELIMBC- 9 /i3 /93bk
i .
SCHEDULE B
Page 5 (continued)
Order No: 53041190 U50 Your Ref: EOLUS AVE
FULL FORCE AND EFFECT; AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED.
r TR
AMEND /TR
2AMEND /JRS
PRELIMBC-9 /23/93bk
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
04 -131
7/22/10
THAT PORTION OF LOT 2 IN BLOCK 'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1788 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF THE WESTERLY 100.00
FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN DOCUMENT NO. 1994- 0702226 RECORDED
DECEMBER 7, 1994 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET
1 NORTH 74 °16'30" EAST
2 SOUTH 150 43'30" EAST
3. SOUTH 74016'30" WEST
4, NORTH 150 43'30" WEST
100.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID
WESTERLY 100.00 FEET; THENCE ALONG SAID
EASTERLY LINE
20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00
FEET SOUTH OF THE NORTHERLY LINE OF SAID
SOUTHERLY 150.00 FEET; THENCE ALONG SAID
PARALLEL LINE
100.00 FEET TO THE WESTERLY LINE OF SAID LOT 2, THENCE
ALONG SAID WESTERLY LINE
20.00 FEET TO THE POINT OF BEGINNING.
CONTAINS 2000 SQUARE FEET, MORE OR LESS.
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EXISTING EASEMENT FOR ROAD PURPOSES
RECORDED OCTOBER 10, 1969 AS FILE
N0. 1960 - 186371 OF OFFICIAL RECORDS AND
PUBLIC UTILITY EASEMENT RECORDED DECEM8ER 10, 1969
FILE NO. 1969- 224626,
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JOB NAME...
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JOB CODE...
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DATE:07 -26 -2010
TIME:10:13:09
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152
--- -----------
2
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S 15/43/30 E
164/16/30
20.00
152 - --
161
-------------------------------------------------------------------------------
3
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254/16/30
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160 ...
153
-------- -----------------------------------------------------------------------
AREA.... 2000
SQ.FT.
AREA......
.046 ACRES
PERIMETER....
240.00 FEET
LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST.
CLOSING ERROR ... BRNG /AZ /DIST. S 78/41/24 W 258/41/24 0
RELATIVE ERROR OF CLOSURE ...................... 1 IN 1.059874263755601D +17
........ ............. ...................u.......u... w••w........... u........
OCHICAGO TITLE COMPANY
AARON BRUNSWICK
AARON BRUNSWICK
2220 AVENUE OF THE STARS #804 WEST
LOS ANGELES, CALIFORNIA 90067
FIRST AMENDED
Reference: EOLUS - OFFSITE
CALIFORNIA
PRELIMINARY REPORT
Dated as of: October 13, 2010 at 7 30 AM
Order No.: 53041193 - U50
In response to the application for a policy of title insurance referenced herein, Chicago Title Insurance Company hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or Policies of title insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason 0(any defect, lien or encumbrance not shown or referred to as an exceptionlherein or not excluded from coverage
pursuant to t e printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's
Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages
are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which
issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One
of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land.
The form of Policy or Policies of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: ChicagoTitle.com
Title Department:
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #500
SAN DIEGO, CA 92108
(619)521 -3500 Fax: (619)521 -3608
Tom Vote[ /Ken Cyr
Title Officer
PREFPS - 08125/07 M
SCHEDULE A
Order No: 53041193 U50 Your Ref: EOLUS - OFFS I TE
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE AS TO PARCEL 1;
AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2
2. Title to said estate or interest at the date hereof is vested in:
DIANE C. ROGERS, AS HER SOLE AND SEPARATE PROPERTY
3. The land referred to in this report is situated in the State of California, County of SAN D I EGO
and is described as fotlows:
SEE ATTACHED DESCRIPTION
Page 1 DESCRIPTION
Order No. 53041193
PARCEL 1
THE SOUTHERLY 150.00 FEET OF THE WESTERLY 100.00 FEET OF LOT 2 IN BLOCK "E" OF
SOUTH COAST PARK ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF N0 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MARCH 29, 1924
7 M8111 %
AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 2 IN
BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 124.00 FEET OF SAID LOT
2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 124.00 FEET NORTH 74 °16'30"
EAST, 159.65 FEET TO A POINT ON A ARC OF A NON- TANGENT 48.00 F00T RADIUS CURVE
THE CENTER OF WHICH BEARS NORTH 1 °28'40" EAST FROM SAID POINT; THENCE
COUNTER - CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
294 °24'20" A DISTANCE OF 246.64 FEET TO A POINT ON THE NORTHERLY LINE OF THE
SOUTHERLY 176.00 FEET OF SAID LOT 2, A RADIAL OF SAID CURVE BEARS NORTH 72 °55'40"
WEST TO SAID POINT; THENCE ALONG SAID NORTHERLY LINE SOUTH 74 °16'30" WEST, 159.65
FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE SOUTH
15'43'30" WEST, 52.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREINABOVE DESCRIBED
SCHEDULE B
Page I
Order No: 53041193 U50 Your Ref: EOLUS - OFFSITE
At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would he as follows:
A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011.
15T INSTALLMENT: $1,373.42
PENALTY: $137.34 (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $1,373.42
PENALTY AND COST: $147.34 (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: NONE
CODE AREA: 19078
ASSESSMENT NO: 254- 391 -30
B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
c 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE: ROAD PURPOSES
RECORDED: OCTOBER 10, 1969 AS FILE NO. 186370 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
0 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE: ROAD PURPOSES
RECORDED: OCTOBER 10, 1969 AS FILE NO. 186371 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: DECEMBER 10, 1969 AS FILE NO. 224626 OF OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
Page 2
Order No: 53041193 U50
N
SCHEDULE B
(continued)
Your Ref: EOLUS - OFFSITE
5A AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO:
SAN DIEGO GAS AND
ELECTRIC
COMPANY
PURPOSE:
PUBLIC UTILITIES,
INGRESS
AND EGRESS
RECORDED:
DECEMBER 10, 1969
AS FILE
NO. 224630, OFFICIAL RECORDS
AFFECTS:
THE ROUTE THEREOF
AFFECTS
A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN
SAID DOCUMENT
6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT $100,000.00
DATED: AUGUST 7, 2003
TRUSTOR: DIANE C. ROGERS
TRUSTEE: FIRST AMERICAN TITLE
BENEFICIARY: MORGAN STANLEY DEAN WITTER CREDIT CORPORATION
RECORDED: AUGUST 18, 2003 AS FILE NO. 2003 - 0999821 OF OFFICIAL
RECORDS
G END OF SCHEDULE B
ri NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF
DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT
SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE
TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON.
PARTIES: DIANE ROGERS AND MARTIN ROGERS
(NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH
AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES
MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF
INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH
APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE
SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS
ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.)
GP
1AMEND /JRS
04 -131
7/22/10
EXHIBIT'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
THAT PORTION OF LOT 2 IN BLOCK 'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF SAID LOT 2 LYING
EAST OF THE EASTERLY LINE OF THE WESTERLY 200.00 FEET OF SAID LOT 2, ALSO BEING THE LAND
DESCRIBED IN DOCUMENT NO. 76- 205584 RECORDED JUNE 30, 1976 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY
150 00 FEET
1 NORTH 74 016'30" EAST
2 SOUTH 15 043'30" EAST
1 SOUTH 74 °16'30" WEST
4 SOUTH 60 °14'20" WEST
5. NORTH 15 °43'30" WEST
100.0 FEET TO THE NORTHEAST CORNER OF SAID DESCRIBED
LAND, SAID POINT ALSO BEING A POINT ON THE
EASTERLY LINE OF SAID LOT 2; THENCE
SOUTHERLY ALONG THE EASTERLY LINE OF LOT 2
15.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00
FEET SOUTH OF THE NORTHERLY LINE OF SAID
SOUTHERLY 150.00 FEET, THENCE ALONG SAID
PARALLEL LINE
80.00 FEET, THENCE
20.62 FEET TO A POINT DISTANT 20.00 FEET SOUTH OF THE
NORTHERLY LINE OF SAID SOUTHERLY 150.00
FEET MEASURED AT RIGHT ANGLES, SAID POINT
ALSO BEING ON THE EASTERLY LINE OF THE
WESTERLY 200.00 FEET OF SAID LOT 2, THENCE
ALONG SAID EASTERLY LINE
20.00 FEET
CONTAINS 1550 SQUARE FEET, MORE OR LESS.
TO THE POINT OF BEGINNING.
EXHIBI T "B"
PLAT FOR Q
PUBLIC SEWER EASEMENT N
EXISTING EASEMENT FOR ROAD PURPOSES
RECORDED OCTOBER 10, 1969 AS FILE
NO. 1960- 186371 OF OFFICIAL RECORDS AND
PUBLIC UALITY EASEMENT RECORDED DECEMBER 10, 1969
FILE N0 1969- 224626. 1
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JOB NAME ..BRUNSWICK
BOLOS AVENUE
JOB CODE ... 0092 -150
DATE.07.26 -2010
TIME:10:13:33
LOTS----------------------------------------------------
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BEARING
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100.00
______________________
149 - --
150
________________________________________________
2
S 15/43/30 E
164/16/30
15.00
150 ---
132
3
S 74/16/30 W
254/16/30
_______
80.00
________________________
132 - --
133
________________________________________________
4
S 60/14/20 W
240/14/20
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_--------------------
133 - --
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5
N 15/43/30 W
344/16/30
____________________________
20.00
134 - --
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149
___________________________________________
AREA.... 1550
SOFT.
AREA..
036 ACRES
PERIMETER.
235.62 PEST
LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST.
CLOSING ERROR ... BRNO /AZ /DIST. S 66/00/07 W 246/00/07 0
RELATIVE ERROR OF CLOSURE ...................... 1 IN 496798
............................................... ................................
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17
* CHICAGO TITLE COMPANY
AARON BRUNSWICK
AARON BRUNSWICK
2220 AVENUE OF THE STARS #804 WEST
LOS ANGELES, CALIFORNIA 90067
FIRST AMENDED
Reference: EOLUS - OFFSITE
CALIFORNIA
PRELIMINARY REPORT
Dated as of: October 13, 2010 at 7:30 AM
Order No.: 53041192 - U50
In response to the application for a policy of title insurance referenced herein, Chicago Title Insurance Company hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance 1.
reason of-any defect, lien or encumbrance not shown or referred to as an exception neretn or not excivaea Tram coverage
pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's
Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages
are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which
issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One
of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land.
The form of Policy or Policies of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: ChicagoTitle.com
Title Department:
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #500
SAN DIEGO, CA 92108
(619)521 -3500 Fax: (619)521 -3608
Tom Votel /Ken Cyr
Title Officer
PREFPS - 08/25/07 A
SCHEDULE A
Order No: 53041192 U50 Your Ref: EOLUS - OFFSITE
1. The estate or interest In the land hereinafter described or referred to covered by this report Is:
A FEE AS TO PARCEL 1;
AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2
2. Title to said estate or interest at the date hereof is vested in:
PATRICIA A. WOOTEN, TRUSTEE OF THE PATRICIA A. WOOTEN 2001 TRUST DATED JUNE 4
2001
3. The land referred to in this report is situated in the State of California, County of SAN D I EGO
and is described as follows:
SEE ATTACHED DESCRIPTION
Page 1 DESCRIPTION
Order No. 53041192
PARCEL 1:
THE SOUTHERLY 150.00 FEET OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 29, 1924.
EXCEPTING THEREFROM THE WESTERLY 200.00 FEET.
PARCEL 2
AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 2 IN
BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 124.00 FEET OF SAID LOT
2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 124.00 FEET NORTH 74° 16'
30" EAST, 159.65 FEET TO A POINT ON THE ARC OF A NON- TANGENT 48.00 FOOT RADIUS
CURVE THE CENTER OF WHICH BEARS NORTH 41° 28' 40" EAST FROM SAID POINT; THENCE
COUNTER - CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2940 24'
20" A DISTANCE OF 246.64 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY
176.00 FEET OF SAID LOT 2 A RADIAL LINE OF SAID CURVE BEARS NORTH 720 55' 40"
WEST TO SAID POINT; THENCE ALONG SAID NORTHERLY LINE SOUTH 74° 16' 30" WEST,
159.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY LINE
SOUTH 150 43' 30" WEST, 52.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREINABOVE DESCRIBED
APN: 254- 391 -29
SCHEDULE B
Page 1
Order No: 53041192 U50 Your Ref: EOLUS - OFFSITE
At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2010 -2011
1ST INSTALLMENT: $771.93
PENALTY: $77.19 (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $771.93
PENALTY AND COST: $87.19 (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: $7,000.00
CODE AREA: 19078
ASSESSMENT NO: 254- 391 -29
B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
B 3. EASEMENTS FOR INGRESS AND EGRESS, PIPELINES, DRAINAGE AND /OR PUBLIC
UTILITIES AND INCIDENTAL PURPOSES THERETO OVER, UNDER, ALONG AND ACROSS
THE EASEMENT PARCEL(S) HEREIN DESCRIBED AS GRANTED AND /OR RESERVED IN
VARIOUS DEEDS OF RECORD.
AFFECTS: PARCEL 2
C 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT
PURPOSE: ROAD PURPOSES
RECORDED: OCTOBER 10, 1969 AS FILE NO. 186370, OFFICIAL
RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
D 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: DECEMBER 10, 1969, AS FILE NO. 224626, OFFICIAL
RECORDS
AFFECTS: NORTHERLY 8 FEET OF THE WESTERLY 50 FEET OF PARCEL
1
PREB - 10 /31 /97bk
SCHEDULE B
Page 2 (continued)
Order No: 53041192 U50 Your Ref. EOLUS - OFFSITE
E 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: DECEMBER 10, 1969, AS FILE NO. 224630, OFFICIAL
RECORDS
AFFECTS: NORTHERLY 8 FEET OF WESTERLY 50 FEET OF PARCEL 1
7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $150,000.00
DATED: DECEMBER 11,1992
TRUSTOR: RICHARD C. WOOTEN AND PATRICIA A. WOOTEN, HUSBAND AND
WIFE, AS JOINT TENANTS
TRUSTEE: COUNTRYWIDE TITLE CORPORATION, A CALIFORNIA
CORPORATION
BENEFICIARY: RANCHO COASTAL REALTY
RECORDED: DECEMBER 17, 1992 AS FILE NO. 1992- 0808264 OF OFFICIAL
RECORDS
AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH
NAMES
AS ASSIGNEE: COUNTRYWIDE FUNDING CORPORATION
RECORDED: DECEMBER 17,1992 AS FILE NO. 1992- 0808265 OF OFFICIAL
RECORDS
K 8 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $100,000.00
DATED: OCTOBER 4, 2002
TRUSTOR: PATRICIA A. WOOTON, TRUSTEE OF THE PATRICIA A. WOOTEN
2001 TRUST DATED JUNE 4, 2001
TRUSTEE: FIRST AMERICAN TITLE
BENEFICIARY: WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION,
WHICH IS ORGANIZWD AND EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA
RECORDED: OCTOBER 9, 2002 AS FILE NO. 2002- 0872419 OF OFFICIAL
RECORDS
L NOTE: THE ABOVE DOCUMENT HAS AN ERRONEOUS LEGAL DESCRIPTION.
F 9. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
OCHICAGO TITLE COMPANY
AARON BRUNSWICK
AARON BRUNSWICK
2220 AVENUE OF THE STARS #804 WEST
LOS ANGELES, CALIFORNIA 90067
FIRST AMENDED
Reference: EOLUS - OFFSITE
CALIFORNIA
PRELIMINARY REPORT
Dated as of: October 13, 2010 at 7:30 AM
Order No.: 53041191 - U50
In response to the application for a policy of title insurance referenced herein, Chicago Title Insurance Company hereby
report s that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or Policies of title insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason Oranyy defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage
pursuant to tFte printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of theparties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's
Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages
are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which
issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One
of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects and encumbrances affecting title to the land.
The form of Policy or Policies of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Visit Us On The Web: ChicagoTitle.com
Title Department:
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #500
SAN DIEGO, CA 92108
(619)521 -3500 Fax
Tom Votel /Ken Cyr
Title Officer
PREFPS 08/25/07"
(619)521 -3608
O
SCHEDULE A
Order No: 53041191 U50 Your Ref: EOLUS - OFFSITE
t. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE AS TO PARCEL 1;
AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2
2. Title to said estate or interest at the date hereof is vested in:
JASPER BRUINZEEL AND SUSAN E. BRUINZEEL, HUSBAND AND WIFE, AS JOINT TENANTS
3. The land referred to in this report is situated in the State of California, County of SAN D I EGO
and is described as follows:
SEE ATTACHED DESCRIPTION
Page 1 DESCRIPTION
Order No. 53041191
PARCEL 1
THE SOUTHERLY 150.00 FEET OF THE EASTERLY 100.00 FEET OF THE WESTERLY 200.00
FEET OF LOT 2 IN BLOCK "E" OF SOUTH COAST PARK ANNEX, ACCORDING TO MAP THEREOF
NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH
29, 1924.
PARCEL 2:
AN EASEMENT FOR ROAD PURPOSES OVER, ALONG AND ACROSS THAT PORTION OF LOT 2 IN
BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 124.00 FEET OF SAID LOT
2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 124.00 FEET NORTH 74 °16'30"
EAST, 159.65 FEET TO A POINT ON THE ARC OF A NON- TANGENT 48.00 FOOT RADIUS
CURVE, THE CENTER OF WHICH BEARS NORTH 41 °28'40" EAST FROM SAID POINT; THENCE
COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
294 024'20" A DISTANCE OF 246.64 FEET TO A POINT ON THE NORTHERLY LINE OF THE
SOUTHERLY 176.00 FEET OF SAID LOT 2, A RADIAL LINE OF SAID CURVE BEARS NORTH
72 055'40" WEST TO SAID POINT; THENCE ALONG SAID NORTHERLY LINE SOUTH 74 °16'30"
WEST, 159.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG SAID WESTERLY
LINE SOUTH 15 043'30" WEST, 52.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1.
APN: 254- 391 -28 -00
SCHEDULE B
Page I
Order No. 53041191 U50 Your Ref: EOLUS - OFFSITE
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES. FOR THE FISCAL YEAR 2010 -2011.
1ST INSTALLMENT: $4,104.22
PENALTY: $410.42 (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $4,104.22
PENALTY AND COST: $420.42 (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: $7,000.00
CODE AREA: 19078
ASSESSMENT NO: 254- 391 -28
B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND
TAXATION CODE OF THE STATE OF CALIFORNIA.
c 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE: ROAD AND INCIDENTAL PURPOSES
RECORDED: OCTOBER 10, 1969 AS FILE NO. 1969 - 186370 OF
OFFICIAL RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
D 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: DECEMBER 10, 1969 AS FILE NO. 1969 - 224626 OF
OFFICIAL RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
E 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED: DECEMBER 10, 1969 AS FILE NO. 1969 - 224630 OF
OFFICIAL RECORDS
AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND
AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT.
Page 2
Order No: 53041191 U50
F 6. INTENTIONALLY OMITTED.
c 7. INTENTIONALLY OMITTED.
SCHEDULE B
(continued)
Your Ref:
EOLUS - OFFSITE
K 8. A DOCUMENT ENTITLED "MEMORANDUM OF GRANT OF EASEMENT" SUBJECT TO ALL THE
TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 11,
2006 AS FILE NO. 2006 - 0574582, OFFICIAL RECORDS.
L 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $485,000.00
DATED: AUGUST 13, 2010
TRUSTOR: JASPER BRUINZEEL AND SUSAN E. BRUINZEEL, HUSBAND AND
WIFE. AS JOINT TENANTS
TRUSTEE: TO SERVICE COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: TRUST ONE MORTGAGE CORPORATION, A CALIFORNIA
CORPORATION
RECORDED: AUGUST 20, 2010 AS FILE NO. 2010- 0433066, OFFICIAL
RECORDS
ORIGINAL LOAN
NUMBER: 110- 6579RT
w AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH
NAMES
AS ASSIGNEE: JPMORGAN CHASE BANK N.A.
RECORDED: SEPTEMBER 8, 2010 AS FILE NO. 2010- 0473429, OFFICIAL
RECORDS
x 10. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
END OF SCHEDULE B
GP
1AMEND /JRS
- REUMBC 9/23/93W
04 -131
7/22110
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
THAT PORTION OF LOT 2 IN BLOCK'E' OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 29, 1924, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY 150.00 FEET OF THE EASTERLY 100.00
FEET OF THE WESTERLY 200.00 FEET OF SAID LOT 2, ALSO BEING THE LAND DESCRIBED IN
DOCUMENT NO. 2004 - 0593272 RECORDED JUNE 24, 2004 IN THE OFFICE OF THE COUNTY REORDER
OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 150.00 FEET
1. NORTH 74 016'30" EAST 100.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID
WESTERLY 200.00 FEET; THENCE ALONG SAID
EASTERLY LINE
2. SOUTH 150 43'30" EAST 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 20.00
FEET SOUTH OF THE NORTHERLY LINE OF SAID
SOUTHERLY 150.00 FEET; THENCE ALONG SAID
PARALLEL LINE
3. SOUTH 740 16'30" WEST 100.00 FEET
4. NORTH 150 43'30" WEST 20.00 FEET
CONTAINS 2000 SQUARE FEET, MORE OR LESS.
TO A POINT ON THE WESTERLY LINE OF SAID
EASTERLY 100.00 FEET; THENCE ALONG SAID
WESTERLY LINE
TO THE POINT OF BEGINNING.
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EXHIBI T "B"
PLAT FOR
PUBLIC SEWER EASEMENT
EXISANG EASEMENT FOR ROAD PURPOSES
RECORDED OCTOBER 10, 1969 AS FILE
N0, 1960 - 186371 OF OFFICIAL RECORDS AND
PUBLIC UALITY EASEMENT RECORDED DECEMBER 10, 1969
FlLE NO. 1969- 224626. 1
PRI VA TE STREET
N7476'30 E 100.00'
N74'16'30 "E 100.00'
PROPOSED SEWER
o° I EASEMENT
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DATE:07 -26 -2010 TIME:10:13:52
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COURSE k BEARING
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1 N 74/16/30 E
74/16/30
100.00 152 - --
149
2 S 15/43/30 E
164/16/30
20.00 149 - --
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---------------------------'---------------------------------------------------
3 S 74/16/30 W
254/16/30
100.00 134 - --
161
---------------------------•---------------------------.....-------------------
4 N 15/43/30 W
344/16/30
20.00 161 - --
152
AREA.... 2000 SQ.FT.
AREA...... .046 ACRES
PERIMETER.... 240.00 FEET
LINES /CHORDS ROUNDED TO NEAREST SECOND FOR BRNG. NEAREST HUNDREDTH FOR DIST.
CLOSING ERROR...BRNG /AZ /DIST. S 78/41/24 W 258/41/24 0
RELATIVE ERROR OF CLOSURE ......................1 IN 1.059874263755601D +17
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