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2019-436871 DOC# 2019 0436871 IIII IIIII IIIIIIIII IIIIIIIIII IIIII IIII II IIIIIIIIIII Oct 01, 2019 04:21 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $0.00 (SB2 Atkins: $0.00) ) PAGES: When Recorded Mail to: ) 28 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: PUBLIC SEWER EASEMENT APN's: 264-151-10 , 264-161-08 , 264-160-33 , 264-160-32 , 264-160-60 , 264-154-26 Case#: .17-107 TPM/DR i LANCE M. HOBROCK AND MARIA-LOURDES P. HOBROCK TRUSTEES OF THE LANCE M. AND MARIA LOURDES P HORBROCK FAMILY TRUST, ROBERT J.I LABRECHE AND LEAH R. LABRECHE, HUSBAND AND WIFE AS JOINT TENANTS DAVID GROSHER AND SARAH GROSHER HUSBAND AND WIFE, AS COMMUNITY PROPERTY, SCOTT MICHAEL WOODWARD AND ELIZABETH FANUKA WOODWARD, TRUSTEES, OR SUCCESSOR TRUSTEE(S), OF THE WOODWARD 2004 TRUST, DATED MARCH 8, 2004, BRETT D. GARRETT AND ASHLEY L.I GARRETT, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT Or SURVIVORSHIP AND CHAD M. GARRETT AND BRITTNEY J. GARRETT HUSBAND', AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, PHILLIP WAYNE HODGES AND AMBER PERSIA-HODGES, TRUSTEES OF THE HODGES FAMILY TRUST, DATED APRIL 18, 1997, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Sewer Easement, subject to the terms and conditions set forth in EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C"ATTACHED HERETO AND MADE A PART HEREOF. I GRANTOR(S): LANCE M. HOBROCKK, Owner 264-151-10 Date MAR P. HOBROCK, Owner 264-151-10 Date RO J. LABRE HE, Owner 264-151-08 Date LEAH R. LABRECHE, Own r 264-151-08 Date DAVID GRO R, Own r 264-160-33 Date Lil RAH GROSHER, Owner 264-160-33 Date p SCOTT MICHAEL WOODWARD, Owner 264-160-32 Date wit, ELIZA TH FANUKA WOODWARD, Owner 264-160-32 Date BRETT D. GARRETT, Owner 264-160-60 Date a*'VwAoja-� -- � ASHLEY L. CAA RE , Owner 264-160-60 Date CHAD M. GARRETT, Owner 264-160-60 Date �& , OA—!� --4 �. BRITTNEY G . TT, Owner 264-160-60 Date l �f P L AYNE HODGES. Owner 264-154-26 Date Ani 7/7 AM ER PER I -HODGE , Ow her 264-154-26 Date Ddb I I is y �`�n c�i,r r � f' f � K.✓Ld'C_V�`•.cam'�� i ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of dN On �G, ��V1 i V � � before me,� Mi Id, , t'l A Notary Public personally appeared 3 ,�� lr-�,- � IA1 L, wh roved to me on the basis of satisfactory evidence to be the person(s) w se names) is/ re s bscribed to ithin instrument and acknowledged to me the she they xecuted the same in his/her th authorized capacity(ies), and that by his/he t�' heir ignat e(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. KIM WESTERFIELD " Commission #2145292 Notary Public -California E Signature Orange County D My Comm.Expires Mar 23,2020 (Seal) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of C SS.` 9-Y) 1 Q�l On 2;— — �� , before me, ornog6 A rn o n ,Notary Public, DATE i t y personally appeared�.0•ne_e M• 4 A gxta-Lo V&_S P. HJ0fCC_K ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are s bscribed to the ylliln instrument and acknowledge e that he/sh they e ecuted the same in his/ - eir authorized capaci Ies), and that by his/her their Ignature(s) on the instrument the person(s), o e entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A- S1M�N NCO PuB 1Lt�230�1A u, I certify under PENALTY OF PERJURY under the r SAN DIEGO MAR 12,2021 laws of the State of California that the foregoing My � paragraph is true and correct. WITNESS my hand and official seal. a"'L' a , PLACE NOTARY SEAL IN ABOVE SPACE J NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT F1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMB 0 s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE I ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of S L n bie_g0 SS. On ��Z f before me ,Notary Public, DATE 11-- "_ -- personally appeared 4 y bpr (2e CSI C-- Ho Ages ,who proved to me on the basis of satisfactory evidence to be the.person(s) whose name( is/ re subscribed to within instrument and acknow ed to me that h she they executed the same I I her heir authorized capaclty(ies), and that by hi he t eIr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. MON � Comm.#2182396 I certify under PENALTY OF PERJURY under the r $ NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY — laws of the State of California that the foregoing ILL G Comm Exp.MAR.2,2021^' paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF E s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of Si Vl —61� On g ��© IQ , before me, ,lCl ,`I . SI (Ylbr) ,Notary Public, DATE ` personally appeared WKV C 5�krak lT� ( ►��� ,who proved to me on the 9 basis of satisfactory evidence to be the person(s) whose name(s) ar subscribed to the in instrument and acknowle me that he/she they xecuted the same in his/ r eir uthorized capac- ies), and that by his/her/ heir Ignature(s) on the instrument the person(s), or e entity upon behalf of which the or ANGELA A. SNON person(s) acted, executed the instrument. �~ CoMM.#2182396 'n F S NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY A I certify under PENALTY OF PERJURY under the MY Comm.EXP.MAR.2.2021-' laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT r OF r SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of Say) 1 eoc) On 2D tq , before me, 1 �l�h ,Notary Public, DATE personally appeared sC.o [� c�nU•2I 1�\i ZG�e�1n Vol" t�. �� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i are s bscribed to the n instrument and acknowle g me that he/sh /they` xecuted the same in his their uthorized capaci (ies), and that by his/her their signature(s) on the instrument the person(s), he entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. SIM-ONC CoMM.#2182396 1^ I certify under PENALTY OF PERJURY under the r >° NOTARY PUBLIC-CALIFORNIA N y SAN DIEGO COUNTY laws of the State of California that the foregoing MY COMM.EXP.MAR.2,2021 pd paragraph is true and correct. WITNESS my hand and official seal. - �Lt&= � 4 P PLACE NOTARY SEAL INABOVE SPACE I NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT L NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT E OF SIGNER o 6 O APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Tyxin ", O SS. On *20 ( 4 , before me, l/1Gie,6_ _ J 1 eW 10 , Notary Public, DATE n I V' personally appeared ICU r4 (f ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are s bscribed to the n instrument and acknowle me that he/she theyxecuted the same in his their thorized capac' 'es), and that by his/he thei nature(s) on the instrument the person(s), or the entity upon behalf of which the °'"4� ANGELA A. SIMON t�t person(s) acted, executed the instrument. a NOTARY'PUBLIC-C82FORNIA Ut SAN DIEGO COUNTY — I certify under PENALTY OF PERJURY under the �ctw� MY Comm.EXP.61AR.2,2021'r laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT F1 INDIVIDUAL F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMB e SIGNER o 6 O APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consent to recordation thereof by its duly authorized officer. 23 ?-,C>/-g dward J. Wi r Date( City Engineer Development Services Department City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of so-y\ SS. On 9'���Z® 1 ' , before me, 1�1'l�ey` A. Jt✓nom , Notary Public, DATE personally appeared k U' 'm mer" ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is are subscribed the within instrument and ackn edged to me tha e she/they executed the sa i is er/their authori capacity(ies), and that by his her/their signature(s) on the instrument the pe n(s), or the entity upon behalf of which the �" �• ANGELA A. 51MON to person(s) acted, executed the instrument. N0�RYPUBLIC-+CAUFORNIA V/ SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the uY Comm.ExP.UAR.2,2021 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORM TION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) R ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT r NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF r SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 0 2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Legal Description APN:264-151-10-00 Commonly known as: 2922 Lone Jack Rd. Encinitas,CA 92024 Real property in the City of ENCINITAS,County of SAN DIEGO,State of California,described as follows: PARCEL 1: THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO, 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED WITH THE CENTER LINE OF "J"STREET,AS SAID STREETS ARE SHOWN ON MAP NO.326 OF THE COLONY OF OLIVENHAIN, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,JULY 8, 1885;THENCE NORTH 14°18'00" EAST PARALLEL WITH AND 40.00 FHT WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1581.70 FEET TO THE CENTER LINE OF 14TH STREET; THENCE ALONG THE PROLONGATION OF SAID CENTER LINE, NORTH 75°38'00"WEST, 260,00 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEOFFREY BURNE DANIELS, RECORDED APRIL 5, 1965 AS FILE NO.59945 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING;THENCE ALONG THE BOUNDARY THEREOF, NORTH 14°18'00" EAST, 125.00 FEET TO POINT "B"AND EASTERLY 235.00 FEET, MORE OR LESS TO AN ANGLE POINT IN SAID BOUNDARY;THENCE NORTH 14°18'00" EAST,32.00 FEET, MORE OR LESS,TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO RALPH H.SNOW, ET UX RECORDED JULY 26, 1966 AS FILE NO, 121232 OF OFFICIAL RECORDS;THENCE ALONG THE SOUTHERLY AND PROLONGATION THEREOF,WESTERLY 350,00 FEET, MORE OR LESS TO AN ANGLE POINT IN THE BOUNDARY OF LAND DESCRIBED IN DEED OF TRUST RECORDED DECEMBER 1, 1966 AS FILE NO. 188434 OF OFFICIAL RECORDS, BEING POINT"A";THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 75°38'00"WEST, 140.00 FEETTO THE BOUNDARY OF SAID DANIELS LAND;THENCE ALONG SAID BOUNDARY SOUTH 58°45'00"WEST, 143.00 FEET, MORE OR LESS,TO AN ANGLE POINT AND SOUTH 14°18'00"WEST TO THE PROLONGATION OF THE CENTER LINE OF SAID 14TH STREET;THENCE ALONG SAID PROLONGATION SOUTH 75°38'00" EAST,327,30 FEET TO THE 13TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ONE-HALF(50%) OF ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON "SUBSTANCES AS RESERVED IN DEED RECORDED JANUARY 16, 1958 IN BOOK 6910, PAGE 17 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER,ALONG AND ACROSS THAT PORTION OF SAID LOT 18, LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE,THE EASTERLY LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED WITH THE CENTER LINE OF "J"STREET,AS SAID STREETS ARE SHOWN ON THE MAP OF THE COLONY OLIVENHAIN, BEING ON MAP NO.326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885;THENCE NORTH 14°18'00" EAST PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM Pg. 1 of 13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE WESTERLY LINE OF LOTS 83 ANO 87 OF SAID COLONY OLIVENHAIN,990,00 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 14,°18'00" EAST,591.70 FEETTO THE CENTER LINE OF 14TH STREET,AS SHOWN ON SAID MAP OF COLONY OLIVENHAIN, EXCEPTING THEREFROM THAT PORTION WHICH LIES SOUTHERLY OF THE CENTER LINE OF THE PRESENTLY TRAVELED ROAD,AS SAID ROAD EXISTED ON AUGUST 31, 1959. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD,SEWER,WATER,GAS, POWER,AND TELEPHONE LINES AND APPURTENANCES THERETO,OVER, UNDER,ALONG AND ACROSS THAT PORTION OF SAID LOT 18, LYING WITHIN A STRIP OF LAND,30.00 FEET IN WIDTH,THE WESTERLY LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 2 ABOVE, BEING THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO LILLIS B. CLEMMONS, RECORDED MARCH 3, 1961 AS FILE NO. 38404 OF OFFICIAL RECORDS;THENCE NORTH 14°18'00" EAST,300.00 FEET. PARCEL 4: AN UNDERGROUND EASEMENT FOR WATER, GAS, POWER AND TELEPHONE LINES,WITH THE RIGHT OF SURFACE ENTRY FOR INSTALLATION, REPAIR AND MAINTENANCE OF SAID UTILITY LINES UNDER A STRIP OF LAND 10.00 FEET IN WIDTH,ACROSS SAID LOT 18,THE WESTERLY AND SOUTHERLY LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT"8";THENCE ALONG THE BOUNDARY OF PARCEL 1 ABOVE,SOUTH 14°18'00" WEST, 125.00 FEET TO THE WESTERLY PROLONGATION OF THE CENTER LINE OF SAID 14TH STREET;THENCE ALONG SAID PROLONGATION SOUTH 75°38'00" EAST, 200.00 FEETTO THE WESTERLY LINE OF PARCEL 3 ABOVE. PARCELS: A PERPETUAL EASEMENT AND RIGHT OF WAY UPON,THROUGH, UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED REAL PROPERTY FOR THE INSTALLATION,CONSTRUCTION, OPERATION, MAINTENANCE, REPAIRS, REPLACEMENT AND RECONSTRUCTION OF SEWER PIPELINES AND APPURTENANCES PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 848 IN THE OFFICE OF THE RECORDER OF SAID COUNTY,JUNE 27, 1898, INCLUDED IN THAT LAND DESCRIBED IN DEED TO DONALD R. SCHWARTZ,A SINGLE MAN, RECORDED NOVEMBER 2, 1972,AS FILE NO. 305871 OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE. BEGINNING AT THE NORTHEAST CORNER OF SAID SCHWARTZ LAND;THENCE ALONG THE EASTERLY LINE OF SAID LAND SOUTH 14°18'WEST,73.00 FEET;THENCE LEAVING SAID EASTERLY LINE NORTH 56°13'42" WEST,73.79 FEET TO THE NORTHERLY LINE OF SAID LAND,THENCE ALONG SAID NORTHERLY LINE NORTH 72°20'33" EAST,88.03 FEET TO THE POINT OF BEGINNING. ORDER NO. 1196379-7 APN#: 264-151-10-00 Pg. 2of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Legal Description APN:264-151-08-00 2918 Lone Jack Rd. Encinitas,CA 92024 All that certain real property situated in the County of San Diego,State of California,described as follows: PARCEL 1: That portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, In the City of Encinitas, County of San Diego,State of California, according to the Map (hereof No. 848,filed in the Office of the County Recorder of San Diego County,June 27, 1896, described as follows: Commencing at the Intersection of the center line of 12th Street if extended,with the center of"J" Street,as said streets are shown on the map of the Colony Olivenhain, being on Map No. 326, med In the office of the County Recorder of San Diego County,July 8, 1885;thence North 14° 10'00" East parallel with and distant 40.00 feet Westerly from the Westerly line of Lots 83 and 87 of said Colony Olivenhain 1581.70 feet to center line of 14th Street as shown on said map of Colony Olivenhain, being a point In the Southerly line of land described in deed to Llllls B. Clemmons, recorded March 3, 1961 as File No.38404 Official Records;thence along the Southerly line of said Clemmons Land North 75" 38'00" West, 60.00 feet to the Southwesterly corner thereof;thence along the Westerly line of said Clemmons land North 14° 18' 00" East, 282.00 feet, more or less,to an Intersection with a line that is 30.00 feet Northerly, measured at right angles to the Southerly line of land conveyed to Geoffrey Burne Daniels by deed recorded April 5, 1965,as File No. 59945 Official Records, and the true point of beginning;thence continuing North 14° 18'00" East along the Westerly line of said Clemmons land 257.03 feet, more or less,to the Northwesterly line of land conveyed to Dorothy S. Daniels by deed recorded January 21, 1960 as File No. 13299 of Official Records;thence along said Northwesterly line South 58°45'00"West, 600.00 feet;thence South 75°38' 00" East, 140.00 feet to an intersection with the aforementioned line that Is drawn parallel with and 30.00 feet Northerly measured at right angles from the Westerly line of said Daniels land,said intersection being Point"A" of this Description;thence Easterly along said parallel line to the true point of beginning. EXCEPTING therefrom at a point on the Northwesterly line of the above described as follows: Beginning at a Ontario the Northwesterly line of the above described property distant thereon North 58°45'00" East, 375.00 feet from the most Westerly corner thereof;thence Southerly In a straight line 155.00 feet, more or less,to a point on the Southerly line of the above described property distant thereon 175.00 feet Easterly from the most Southerly corner thereof. PARCEL 2: An easement and right of way for road and public utility purposes, over, under, along and across a strip of land 30.00 feet In width over that portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, In the County of San Diego,State of California, according to the Map thereof No. 848,filed in the Office of the County Recorder of San Diego County,June 27, 1896,said 30.00 foot strip of land lying Southerly of an immediately adjoining a line described as follows: Pg. 3of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Beginning at the Southeasterly corner of Parcel 1 above;thence Westerly along the Southerly line of said parcel 1 and the Westerly prolongation thereof to said Point"A" of Parcel 1 above. The Southerly line of said 30.00 foot strip shall be prolonged or shortened as to terminate on the West with a line bearing South 75°38' 00" East, and on the East with a line bearing South 14° 13'00". PARCEL 3: An easement for road end utility purposes over, under, along and across the Easterly 60.00 feet of the following described land: That portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, in the County of San Diego, State of California,according to the Map thereof No. 848,filed in the Office of the County Recorder of San Diego County,June 27, 1896,described as follows: Commencing at the Intersection of the center line of 12th Street, If extended with the center line of"J" Street as said streets are shown on the map of the Colony Olivenhain, being on Map No.326 flied in the Office of the County Recorder of San Diego County,July'8, 1885;thence North 140 13'00" East parallel with and distant 40.00 feet Westerly from the Westerly line of Lots 83 and 87 of said Colony 011venhain, 990.00 feet to the true point of beginning;thence continuing North 14° 13'00" East,591.70 feet to the center line of 14th Street, as shown on said map of Colony Olivenhain;thence North 75°38'00" West along the Westerly prolongation of said center tine 587.00 feet, more or less,to the Westerly line of the land described in deed to Horace G. Phillips,et ux, recorded January 16, 1958 under File No.71310 of Official Records;thence South 14° 18'00"West along said Westerly line to a line which bears North 74° 52'00"West from the true point of beginning;thence South 74°52'00" East to the true point of beginning. EXCEPTING therefrom that portion which lies Southerly of the center line of the presently traveled road as said road existed on August 31, 1959. PARCEL 4: An easement and right of way for road,sewer,water,gas, power and telephone lines and appurtenances thereto over, under, along and across a strip of land 30.00 feet in width lying within Lot 18 of the Subdivision of the Rancho Las Encinitas, in the County of San Diego,State of California, according to the Map thereof No. 8481 filed In the Office of the County Recorder of San Diego County, June 27, 1896 the Westerly line of said strip of land being described as follows: Commencing at the Intersection of the center line of 12th Street, if extended with the center line of"J" Street,as said Streets are shown on the map of the Colony Olivenhain, being on Map No. 326,filed in the Office of the County Recorder of San Diego County,July 8, 1885;thence North 14°00" East parallel with and distant 40.00 feet Westerly from the Westerly;line of Lots 83 and 87 of said Colony Olivenhain, 1581.70 feet to the center line of 14th Street,as shown'on said map of Colony Olivenhain, being a point In the Southerly line of land described In deed to Lillis B. Clemmons, recorded March 3, 1961,as File No. 38404 Official Records:thence along the Southerly line of said Clemmons land North 75°38'00"West; 60.00 feet to Southwesterly corner thereof and the true point of beginning.thence North 14° 18' 00" East 300.00 feet. Pg. 4of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Excepting from Parcel 1 hereinabove described one-half of oil,gas, petroleum and other hydrocarbon substances as excepted In deed recorded January 21, 1960 as File No. 12833 Official Records. Parcel ID: 264-151-08-00 Legal Description APN:264-160-33-00 2928 Lone Jack Rd.Encinitas,CA 92024 Real property In the City of Encinitas, County of San Diego,State of California,described as follows: PARCEL 1: THAT PORTION OF LOT 18 OF THE SUBDIVISION OF THE(RANCHO LAS ENCINITAS,ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1898, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED,WITH THE CENTER LINE OF J STREET AS SAID STREETS ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN, BEING ON MAP 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,JULY 8, 1885;THENCE NORTH 14°18'00" EAST PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1581.70 FEET TO THE CENTER LINE OF 14TH STREET AS SHOWN ON MAP OF COLONY OF OLIVENHAIN,SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B.CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964,SERIES 5, BOOK 1964,AS INSTRUMENT NO. 64-213763 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS LAND AND ALONG THE CENTER LINE OF 14TH STREET NORTH 75 020'35" WEST (RECORD NORTH 75°38'00"WEST) 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED BY RAYMOND C.APPEL, ET UX, BY DEED RECORDED MAY 20, 19064,SERIES 5, BOOK 1964 AS INSTRUMENT NO. 64-90760 OF OFFICIAL RECORDS;THENCE NORTH 14°36'33" EAST(RECORD NORTH 14°18'00" EAST)ALONG THE SOUTHEASTERLY LINE OF SAID LAND 125.00 FEET;THENCE SOUTH 75°20'35" EAST 245.00 FEET, MORE OR LESS,TO THE WESTERLY LINE OF PARCEL 2 DESCRIBED IN DEED TO MARION 0. NAUER, RECORDED APRIL 5, 1965 AS INSTRUMENT OF PARCEL 2 DESCRIBED IN DEED TO MARION 0. NAUER, RECORDED APRIL 5, 1965 AS INSTRUMENT NO. 65-59445 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE SOUTH 02°59'54"BEAST 137.00 FEET, MORE OR LESS,TO THE SOUTHWESTERLY LINE OF SAID CLEMMONS LAND;THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 75°20'35"WEST TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER,ALONG AND ACROSS THE EASTERLY 60.00 FEET OF THAT PORTION OF LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1896, DESCRIBED AS FOLLOWS: Pg. 5of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED,WITH THE CENTER LINE OF"J"STREET,AS SAID STREETS ARE SHOWN ON THE MAP OF THE COLONY OLIVENHAIN, BEING ON MAP 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885;THENCE NORTH 14°18'00" EAST PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OLIVENHAIN,990.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 14°18'00" EAST, 591.70 FEET TO THE CENTER LINE OF FOURTEENTH STREET,AS SHOWN ON SAID MAP OF COLONY OLIVENHAIN;THENCE NORTH 75°38'00" WEST ALONG THE WESTERLY PROLONGATION OF SAID CENTER LINE 587.00 FEET, MORE OR LESS,TO THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO HORACE G. PHILLIPS, ET UX, RECORDED JANUARY 16, 1958 UNDER INSTRUMENT NO.7810 OF OFFICIAL RECORDS;THENCE SOUTH 14°18'00" WEST ALONG SAID WESTERLY LINE TO A LINE WHICH BEARS NORTH 74°52'00"WEST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 74°52'00" EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION WHICH LIES SOUTHERLY OF THE CENTER LINE OF THE TRAVELLED ROAD AS SAID ROAD EXISTED ON AUGUST 3,1, 1959. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD,SEWER,WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER,ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1896,AS FOLLOWS: THE WESTERLY AND NORTHWESTERLY LINES OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1 ABOVE;THENCE NORTH 14°36'36" EAST 175.00 FEET;THENCE SOUTH 75°23'27" EAST 30.00 FEET;THENCE NORTH 61°36'49" EAST 171.82 FEET TO POINT"A".THE SOUTHEASTERLY LINE OF SAID EASEMENT BEING SHORTENED TO AND IN A LINE BEARING SOUTH 11°19'45" EAST FROM SAID POINT"A", PARCEL 4: AN EASEMENT FOR ROAD AND PUBLIC UTILITY OVER, UNDER,ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE!OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1898,THE EASTERLY LINE OF 30.00 FOOT STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET IF EXTENDED,WITH THE CENTER LINE OF "J"STREET,AS SAID STREETS ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN BEING ON MAP 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885;THENCE NORTH 14°18'00" EASTPARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1581.70 FEET TO THE CENTER LINE OF 14TH STREET AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN,SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964,SERIES 5, BOOK 1964 AS INSTRUMENT Pg. 6 of 13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY NO. 64-213763 OF OFFICIAL RECORDS;THENCE NORTH 75°20'35" WEST(RECORD NORTH 75°38'00" WEST)ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMON'S LAND, 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C.APPEL, ET UX, BY DEED RECORDED MAY 20, 1964,SERIES 5, BOOK 1964 AS INSTRUMENT NO. 64-90768,OF OFFICIAL RECORDS;THENCE NORTH 14°36'33" EAST(RECORD NORTH 14°18'00" EAST)ALONG THE SOUTHEASTERLY LINE OF SAID APPEL'S LAND 300.00 FEET;THENCE SOUTH 75°23'27" EAST 30.00 FEET;THENCE NORTH 61°36'49" EAST 171.82 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE;THENCE SOUTH 11°19'45" EAST 187.06 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 1 OF SAID CLEMMON'S LAND;THENCE SOUTH 02°59'54" EAST(RECORD SOUTH 03°15'00" EAST)ALONG THE SOUTHERLY LINE OF SAID LAND 261.48 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND.THE WESTERLY AND SOUTHWESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AS TO TERMINATE ON THE SOUTH IN THE SOUTH LINE OF PARCEL 1 OF SAID CLEMMON'S LAND AND ON THE NORTH WITH A LINE THAT BEARS SOUTH 61°36'49" WEST FROM THE TRUE POINT OF BEGINNING. PARCEL 5: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER UNDER,ALONG AND ACROSS THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1898,TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF 14TH STREET ADJOINING LOT 88 ON THE NORTH OF THE COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY,JULY 8, 1885, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED,WITH THE CENTER LINE OF"J"STREET,AS SAID STREETS ARE SHOWN ON THE MAP OF SAID COLONY OF OLIVENHAIN;THENCE NORTH 14°18' EAST PARALLEL WITH AND AND DISTANT 40.00 FEET WEST FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1581.70 FEET TO THE CENTER LINE OF SAID 14TH STREET,ASS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN,SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24,1964,SERIES 5, BOOK 1964,AS INSTRUMENT NO. 64-213763 OF OFFICIAL RECORDS;THENCE SOUTH 75°20'35" EAST(RECORD SOUTH 75°38' EAST) ALONG THE CENTER LINE OF SAID 14TH STREET AND ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND 256.77 FEET(RECORD 259.30)TO THE MOST SOUTHERLY CORNER OF SAID LAND AND THE TRUE POINT OF BEGINNING;THENCE NORTH 2°59'54"WEST(RECORD NORTH 3°15'WEST) ALONG THE EASTERLY LINE OF SAID CLEMMONS' LAND 31.48 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 30.00 FEET NORTHEASTERLY MEASURED AT RIGHT ANGLES TO THE CENTER LINE OF SAID 14TH STREET;THENCE SOUTH 75°,20'35" EAST ALONG SAID PARALLEL LINE 250.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 18;THENCE SOUTH 2°59'54" EAST(RECORD SOUTH 3°15' EAST)ALONG SAID EAST LINE 31.48 FEETTO THE CENTER LINE OF 14TH STREET;THENCE SOUTH 745°20'35" EAST(RECORD SOUTH 75°38' EAST)ALONG SAID CENTER LINE TO THE EXISTING COUNTY ROAD;THENCE SOUTHWESTERLY ALONG SAID COUNTY ROAD TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO THE CENTER LINE OF SAID 14TH STREET;THENCE NORTH 75°20'35"WEST ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS DRAWN PARALLEL WITH AND 30.00 FEET WESTERLY MEASURED AT RIGHT ANGLES TO THE ESASTERLY LINE OF SAID LOT18;THENCE NORTH 2°59'54"WEST ALONG SAID Pg. 7of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARALLEL LINE TO THE CENTER LINE OF SAID 14TH STREET;THENCE NORTH 75°20'35"WEST(RECORD NORTH 75°38' WEST)ALONG SAID CENTER LINE TO THE!TRUE POINT OF BEGINNING. Legal Description APN:264-160-32-00 2926 Lone Jack Rd. Encinitas,CA 92024 PARCEL 1: THAT PORTION OF LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1898, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF TWELFTH STREET WITH THE CENTER LINE OF"J"STREET AS SHOWN ON COLONY OF OLIVENHAIN,iACCORDING TO MAP THEREOF NO.326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885;THENCE ALONG THE CENTER LINE OF SAID "J" STREET NORTH 14 DEGREES 18'00" EAST 1581.70 FEET TO AN INTERSECTION WITH THE CENTER LINE OF FOURTEEN STREET AS SHOWN ON SAID MAP NO.326,SAID POINT BEING ON THE SOUTHWESTERLY LINE OF LAND, DESCRIBED AS PARCEL 1 IN DEED TO THOMAS B.CLEMMONS, ET UX, RECORDED NOVEMBER 24, 1964 AS INSTRUMENT NO. 213763, BEING THE TRUE POINT OF BEGINNING;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND NORTH 75°20'35" WEST, 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO RAYMOND C. APPEL, ET UX, RECORDED MAY 20, 1964 AS INSTRUMENT NO.90763;THENCE ALONG THE SOUTHEASTERLY LINE OF SAID APPECS LAND, NORTH 14°36'33" EAST, 300.00 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED AS PARCEL 1 IN DEED TO MARION 0. NAUER, RECORDED APRIL 5, 1965 AS INSTRUMENT NO.59445;THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NAUER'S LAND AS FOLLOWS: SOUTH 75°23'27" EAST,30.00 FEET;AND NORTH 61°36'49" EAST, 171.82 FEET TO THE NORTHEASTERLY LINE OF 30.00 FOOT STRIP OF LAND DESCRIBED AS PARCEL 2 IN DEED TO MARION 0. NAUER, RECORDED APRIL 5, 1965 AS INSTRUMENT NO.59445;THENCE ALONG THE NORTHEASTERLY AND EASTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND AS FOLLOWS: SOUTH 11°19'45" EAST, 187.06 FEET;AND SOUTH 02°59'54" EAST, 261.48 FEET TO THE SOUTHWESTERLY LINE OF SAID CLEMMON'S LAND;THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 76°38'00"WEST, 250.30 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY AND NORTHEASTERLY 30.00 FEET THEREOF,ALSO, EXCEPTING THAT PORTION LYING SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF HEREINABOVE DESCRIBED PROPERTY, DISTANT THERON NORTH 14°3633" EAST, 125.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID PROPERTY, SAID POINT BEING THE MOST NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO ROBERTJ. LEWIS, RECORDED APRIL 20, 1967 AS INSTRUMENT NO.54752;THENCE ALONG THE NORTHERLY LINE OF SAID LEWIS LAND,SOUTH 75°20'35" EAST, 245.00 FEET, MORE OR LESS TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF PARCEL 1 ABOVE. Pg. 8of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY ALSO EXCEPTING THEREFROM THE ONE-HALF OF ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES AS RESERVED IN DEED RECORDED JANUARY 16, 1958 IN BOOK 6910 PAGE 17, OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER,ALONG AND ACROSS THE EASTERLY 60.00 FEET OF THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 17, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF TWELFTH STREET IF EXTENDED,WITH THE CENTER LINE OF"J"STREET,AS SAID STREETS AS SHOWN ON THE MAP OF COLONY OLIVENHAIN, BEING ON MAP 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885;THENCE NORTH 14°18'00" EAST PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OLIVENHAIN, 990.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 14°18'00"591.70 FEETTO THE CENTER LINE OF FOURTEENTH STREET,AS SHOWN ON SAID MAP OF COLONY OLIVENHAIN;THENCE NORTH 75°38'00"WEST ALONG THE WESTERLY PROLONGATION OF SAID CENTER LINE 587.00 FEET, MORE OR LESS,TO THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO HORACE G. PHILLIPS, ET UX, RECORDED JANUARY 16, 1958 UNDER DOCUMENT NO. 7810, OF OFFICIAL RECORDS;THENCE SOUTH 14°18'00"WEST ALONG SAID WESTERLY LINE TO A LINE WHICH BEARS NORTH 74°52'00"WEST ALONG SAID WESTERLY LINE TO A LINE WHICH BEARS NORTH 74°52'00"WEST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 74°52'00" EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION WHICH LIES SOUTHERLY OF THE CENTER LINE OF THE PRESENTLY TRAVELLED ROAD AS SAID ROAD EXISTED ON AUGUST 31, 1959. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD,SEWER,WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER,ALONGIAND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1896,THE WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 HEREINABOVE DESCRIBED;THENCE ALONG THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO RAYMOND C.APPEL, ET UX, RECORDED MAY 20, 1965 AS INSTRUMENT NO. 90768,SOUTH 14°36'33"WEST, 125.00 FEET. PARCEL 4: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF Pg. 9of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,JUNE 27, 1898,THE EASTERLY AND NORTHEASTERLY LINE OF 30.00 FOOT STRIP OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION ON THE CENTER LINE OF TWELFTH STREET OF EXTENDED WITH THE CENTER LINE OF"J"STREET,AS SAID STREETS AS SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1895;THENCEFORTH 14°18'00" EAST PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1581.70 FEET TO THE CENTER LINE OF FOURTEENTH STREET AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN,SAID POINT BEING ON THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964,SERIES 5, BOOK 1964,AS FILE NO. 223763, OF OFFICIAL RECORDS THENCE NORTH 75°20'35"WEST(RECORD NORTH 75°38'00"WEST)ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C.APPEL, ET UX, BY DEED RECORDED MAY 20,1964,SERIES 5, BOOK 1964,AS FILE NO. 90768, OF OFFICIAL RECORDS;THENCE NORTH 14°36'49" EAST, 171.82 FEET TO THE TRUE POINT OF BEGINNING TO THE HEREIN DESCRIBED LINE; THENCE SOUTH 11°19'45" EAST, 187.06 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 1 OF SAID CLEMMONS' LAND;THENCE SOUTH 02°59'54" EAST(RECORD SOUTH 03°15'00" EAST)ALONG THE SOUTHEASTERLY LINE OF SAID LAND 261.48 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND. THE WESTERLY AND SOUTHWESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AS TO TERMINATE ON THE SOUTH IN THE SOUTH LINE OF PARCEL 1 OF SAID CLEMMONS' LAND AND ON THE NORTH WITH A LINE THAT BEARS SOUTH 61 036'49"WEST FROM THE TRUE POINT OF BEGINNING. Legal Description APN:264-160-60-00 2902 Lone Jack Rd. Encinitas,CA 92024 PARCEL 2 AND PARCEL 3 OF PARCEL MAP NO. 17006, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 25, 1992,TOGETHER WITH THOSE PORTIONS OF LOT 18 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS,ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JUNE 27, 1898 AND OF THE SOUTHERLY HALF OF 14TH STREET ADJOINING LOT 88 ON THE NORTH,OF THE COLONY OF OLIVENHAIN,ACCORDING TO MAP THEREOF NO.326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL 3 BEING ALSO A POINT ON THE SOUTHERLY LINE OF SAID LOT18 THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 NORTH 2°23'13"WEST 31.48 FEET TO A LINE RUNNING PARALLEL WITH AND DISTANT 30.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 18 THENCE ALONG SAID PARALLEL LINE SOUTH 74 064'13" EAST 246.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 18 THENCE ALONG SAID LINE SOUTH 2°25'35" EAST 31.48 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 18, BEING ALSO A POINT ON THE CENTERLINE OF SAID 14TH STREET THENCE ALONG SAID CENTERLINE SOUTH 74°46'13" EAST TO THE CENTERLINE OF EXISTING LONE JACK ROAD THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A LINE RUNNING PARALLEL WITH AND DISTANT 30.00 FEET SOUTHWESTERLY OF Pg. 10of13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY SAID CENTERLINE OF 14TH STREET THENCE ALONG SAID PARALLEL LINE NORTH 74 046'13"WEST TO A LINE RUNNING PARALLEL WITH AND DISTANT 30.00 FEET WESTERLY OF SAID EASTERLY LINE OF LOT 18 THENCE ALONG SAID PARALLEL LINE NORTH 2°25'35" WEST 31.48 FEET TO SAID SOUTHERLY LINE OF LOT 18 THENCE ALONG SAID LINE NORTH 74°46'13"WEST 215.50 FEET TO THE POINT OF BEGINNING. PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED ON MARCH 13, 2002,AS INSTRUMENT NO. 210425, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Legal Description APN: 264-154-26-00 2950 Lone Jack Rd. Encinitas,CA 92024 PARCEL A Parcels 2 and 3 of Parcel Map No. 17006, in the City of Encinitas,County of San Diego, State of California, filed in the OFice of the County Recorder of said County, November 25, 1992 and certificate of Correction recorded April 18, 1997 as File no. 1997-0180464 of Official Records. Excepting 50%of all oil,gas, petroleum, and other hydrocarbon substances as received by Gladding Mc Bean &Company, a corporation by deed recorded January 16, 1958 in Book 6910, Page 17 of Official Records. PARCEL B: An easement with the right to grant to others for road and utility purposes over, under, along and across a strip of land 30.00 feet in width,over that portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, in the City of Encinitas,County of San Diego,State of California, according to the Map thereof No. 848,filed in the Office of the County Recorder of San Diego County,June 27, 1898,the Southeasterly line of said 30.00 foot strip of land being described as follows: COMMENCING at the intersection of the center line of 12th Street, if extended with the center line of"J" Street as said streets are shown on the map of the Colony of Olivenhain, being on Map No. 326,filed in the Office of the County Recorder of San Diego County,July 8, 1885;thence North 14 018' East parallel with and distant 40.00 feet Westerly from the Westerly line of Lots 83 and 87 of said Colony of Olivenhain,said point being the Southwesterly line of Parcel 1 of land described in deed to Thomas. B Clemmons et ux, by deed recorded November 24, 1964 Series 5, Book 1964 as File No. 213763 of Official Records;thence along the Southwesterly line of sad Clemmons land and along the center line of 14th street North 75°20'35"West(record North 75°38'West) 60.00 feet to the most Southerly corner of land conveyed to Raymond C.Appel,et ux by deed recorded May 20, 1964,Series 5, Book 1964 as File No. 90768 of Official Records;thence North 14°36'33" East(record North 14°18'East) along the Southwesterly line of said land 250.00 feet to the TRUE POINT OF BEGINNING;thence continuing North 14°36'33" East(record North 14°18' East) along the Southeasterly line of said Appel's land 289.03 feet more or less to the Northerly corner thereof. Pg. 11 of 13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The sidelines of said 30.00 foot strip of land shall be prolonged or shortened as to terminate on the North line of said Appel land and on the South with a line bearing North 75°23'27"West and passes through the TRUE POINT OF BEGINNING. PARCEL C: An easement for the road and utility purposes over, under along and across that portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, in the City of Encinitas, County of San Diego,State of California, according to the Map thereof No. 848,filed in the Office of the County Recorder of San Diego County, June 27, 1898, described as follows: COMMENCING at the intersection of the center line of 12th Street, if extended with the center line of"J" Street as said streets are shown on the map of the Colony of Olivenhain, being on Map No. 326,filed in the Office of the County Recorder of San Diego County,July 8, 1885;thence North 14°18'00" East parallel with and distant 40.00 feet Westerly from the Westerly line of Lots 83 and 87 of said Colony of Olivenhain 1581.70 feet to the center line of the 14th Street, as shown on said Map of Colony of Olivenhain,said point being on the Southwesterly line of Parcel 1 of land described in deed to Thomas R. Clemmons, et ux, by deed recorded November 24, 1964 Series 5, Book 1964 as File No.213763 of Official Records;thence along the Southwesterly line of sad Clemmons land and along the center line of 14th street North 75°20'35"West(record North 75°38'West) 60.00 feet to the most Southerly corner of land conveyed to Raymond C.Appel, et ux by deed recorded May 20, 1964,Series 5, Book 1964 as File No. 90768 of Official Records;thence North 14°56'33" East(record North 14°18'00" East) along the Southwesterly line of said land 300.00 feet;thence South 75°23'27" East 300.00 feet to the TRUE POINT OF BEGINNING;thence North 61°36'40" East, 171.82 feet;thence South 11°19'45" East,31.38 feet; thence South 61°36'49"West to an intersection with a line that bears South 14°36'33"West from the TRUE POINT OF BEGINNING'thence North 14°36'33" East,41.02 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion thereof ly9ing within Parcel Map No. 17006,filed in the Office of the County Recorder of said County. PARCEL D: An easement for road and utility purposes over, under,along and across a strip of land 30.00 feet in width over that portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, in the City of Encinitas, County of San Diego,State of California,according to the Map thereof No. 848,filed in the Office of the County Recorder of San Diego County,June 27, 1898,the Northwesterly line of said 30.00 foot strip of land being described as follows: COMMENCING at the intersection of the center line of 12th Street if extended,with the center line of"J" Street as said streets are shown on the map of the Colony of Olivenhain, being on Map No. 326,filed in the Office of the County Recorder of San Diego County,July 8, 1885;thence North 14'18'00" East parallel with and distant 40.00 feet Westerly from the Westerly line of Lots 83 and 87 of said Colony of Olivenhain 1581.70 feet to the center line of the 14th Street, as shown on said Map of Colony of Olivenhain,said point being on the Southwesterly line of Parcel 1 of land described in deed to Thomas R. Clemmons, et ux, by deed recorded November 24, 1964 Series 1964 as File No. 213763 of Official Records;thence along the Southwesterly line of sad Clemmons land and along the center line of 14th street North 75°20'35"West(record North 75°38'00"West) 60.00 feet to the most Southerly corner of land conveyed to Raymond C.Appel, et ux by deed recorded May 20, 1964,Series 5, Book 1964 as File Pg. 12 of 13 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY No. 90768 of Official Records; and the TRUE POIJNT OF BEGINNING of the herein described line;thence North 24°36'33" East(record North 14°18'00" East) along the Southeasterly line of said land 300.00 feet to the end of said line. PARCEL E: An easement for road and utility purposes over, under, along and across the Easterly 60.00 feet of the described line: That portion of Lot 18 of the Subdivision of the Rancho Las Encinitas, in the City of Encinitas, County of San Diego,State of California, according to the Map thereof No.848,filed in the Office of the County Recorder of San Diego County,June 27, 1896, described as follows: COMMENCING at the intersection of the center line of 12th Street, if extended with the center line of"J" Street as said streets are shown on the map of the Colony of Olivenhain, being on Map No.326,filed in the Office of the County Recorder of San Diego County,July 8, 1885;thence North 14°18'00" East parallel with and distant 40.00 feet Westerly from the Westerly line of Lots 83 and 87 of said Colony of Olivenhain 990.00 feet to the TRUE POINT OF BEGINNING;thence continuing North 14°18'00" East, 591.70 feet to the center line of 14th Street as shown on said Map of Colony of Olivenhain;thence North 75 038'00"West along the Westerly prolongation of said center line 587.00 feet, more or less,to the Westerly line of the land described in deed to Horace G. Phillips, et ux, recorded January 16, 1958 as File No. 7810 in Book 6910, Page 17 of Official Records;thence South 14°18'00"West along said Westerly line to a line which bears north 74°52'00"West from the TRUE POINT OF BEGINNING;thence North 74°52'00"West from the TRUE POINT OF BEGINNING;thence South 74°52'00" East to the TRUE POINT OF BEGINNING. Pg. 13 of 13 "EXHIBIT B" LEGAL DESCRIPTION OF EASEMENT PARCEL 1: THE WESTERLY 30 FEET OF THE EASTERLY 60 FEET OF PARCEL 2 OF PARCEL MAP NO. 16991, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 10, 1992,AS FILE NO. 92-721155. PARCEL 2: THE WESTERLY 30 FEET OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED MARCH 22, 2004 AS DOCUMENT NO. 2004-0235350, TOGETHER WITH THE WESTERLY 30 FEET OF THAT PARCEL OF LAND DESCRIBED IN GRANT DEED RECORDED JANUARY 23, 2019 AS DOCUMENT NO. 2019-0024852. PARCEL 3: A STRIP OF LAND 20 FEET WIDE BEING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 3 OF PARCEL MAP NO. 17006, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 25, 1992, AS FILE NO.92-762399;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 3, SOUTH 15°13'53"WEST,239.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 3;THENCE CONTINUING ALONG THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID PARCEL 3, SOUTH 15 013'53"WEST, 50.00 FEET. THE EASTERLY SIDELINE OF SAID 20 FOOT STRIP TO TERMINATE NORTHERLY ON THE NORTHERLY LINE OF AFOREMENTIONED PARCEL 3. THE WESTERLY SIDELINE OF SAID 20 FOOT STRIP TO TERMINATE NORTHERLY ON THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN GRANT DEED RECORDED MARCH 27, 2009 AS DOCUMENT NO. 2009-0156405. ' N IL LANDS c ,axe D. o ® I a LOGA14 �r e D. Logan, PLS 9042 Date No.9042 N� Q�` oor EXHIBIT "C" PLAT OF EASEMENT 10' 10 co o a Q#• �Q 2 0 �Gti N LO ZW \,AND SG N W G cV 0 t 0601 � G >� 20 g a 50.00' �A L.S. 9042 y� �2 �j1, OF C / PINV. P rn EASEMENT JAKE D. LOGAN, PLS 9042 30' PARCEL 2 �j N L° Z,,O lei DATE 30' CV �O 9 0. �y�°c ®• ��' Q Z N QQ�. ®�, OLIVENHAIN RD do W syti SITE Y �9 III � � /ryvO 60' Ry 3' 4) EASEMENT y V 30' PARCEL 1 .Q jam% y ENE N £� ENCINITAS SEC N RTF 80 40 0 80 160 VICINITY MAP SCALE: 1" = 80' NOT TO SCALE EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, together with the perpetual right to perform grading, to extend embankment slopes within the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said sewer lines or structures incidental thereto. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of- way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns. The Grantors hereby covenant and agree for,themselves, their heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right-of-way any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way b 9 Y Y Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the r • continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. This dedication may be terminated and the 'right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of sewer easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right'to enforce this offer of dedication against the Grantor.