2020-449360 y� DOC#, 2020-0449360
' I II I III III I I I IIII I II I IIII I I IIIII IIII II I IIII II III
Aug 12, 2020 09:57 AM
,Recording Requested By: ) OFFICIAL RECORDS
Development Service Director ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $74.00 (SB2 Atkins: $0.00)
When Recorded Mail To: )
City Clerk ) PAGES: 21
City of Encinitas )
505 South Vulcan Avenue )
Encinitas. CA 92024
SPACE ABOVE FOR RECORDER' S USE
COVENANT REGARDING REAL PROPERTY:
HOLD HARMLESS AND MAINTENANCE AGREEMENT FOR PRIVATE STORM
DRAIN FACILITIES
A.P.N.: 264-270-01, 264-270-02, 264-270-03 Grading Plan: 14816-G
264-270-11, &264-270-12
Addresses: 3211, 3109, 3177, 3187, 3182 Lone Jack Rd.
Gregory L. Smith and Cathie Perry Smith, Trustees of the Gregory Smith and
Cathie Perry Smith Trust dated February 14, 2013 (264-270-01), David Murphey and
Shelly Murphey, Trustees of the Murphey Family Trust dated January 24, 1992 (264-
270-02), Eric J. Goodrich and Maricela H. Goodrich, as joint tenants (260-270-03),
Olivier Kolpin and Amber S. Kolpin, Trustees of the A.O.K. Trust dated April 10, 2017
(264-270-11), and Alexander D. Neal and Natalie J. Neal, Trustees of the Neal Family
Trust dated August 29, 2013 (264-270-12) ("OWNERS" hereinafter) is/are the owner(s)
of real property which is known as ("PROPERTY" hereinafter) and is described as
follows:
SEE EXHIBIT -A°, ATTACHED HERETO AND MADE A PART HEREOF; and
In consideration of approval of Grading Plan 14816-G by the City of Encinitas ("CITY"
hereinafter), OWNERS hereby covenant and agree to the following:
OWNERS have requested approval from the City of Encinitas to repair a damaged
private drainage structure and private roadway (hereinafter referred to as "Private
Project') leading from Lone Jack Road to the OWNERS' residences (said private
roadway hereby referred to as "Private Roadway") as shown in EXHIBIT "B"
ATTACHED HERETO AND MADE A PART HEREOF. Given the expected flows in and
around and leading to,the area of the Private Project associated with a 100 year storm
event, the City of Encinitas (hereinafter referred to as "City") would normally require, as
a condition of approval of such a project, that the storm drain infrastructure be sized to
accommodate the flows associated with a 100 year storm event. In the case of this
Private Project, that would equate to approximately three 84" storm drain pipes be
constructed under the Private Roadway including adequate channel bed width, concrete
headwalls, wingwalls and inlettoutlet aprons. OWNERS are aware of this typical
.�P
requirement. OWNERS have requested, due to cost and other expense concerns, that
the City waive the requirement of three 84" pipes and, instead, approve the Private
Project with only two 84" pipes.
OWNERS are aware, and City has so advised OWNERS, that the planned
headwall, wingwalls, and inlet/outlets aprons all meet the required City standards for
this Private Project. OWNERS understand and specifically acknowledge, however, that
the Private Project (with only two 84" pipes instead of three 84° pipes) will equate to the
potential conveyance of less than a 100 year storm event. If this occurs, OWNERS
acknowledge the possibility that the Private Roadway (and the pipes, headwalls,
wingwalls and inlet/outlet aprons involved in this Private Project) could be damaged in a
storm event. OWNERS are willing to take and assume such a risk. OWNERS are
assuming such a risk knowingly and under no pressure or coercion of any kind from the
City.
Further, by constructing the Private Project with two 84" pipes instead of three 84"
pipes, OWNERS are hereby holding the City harmless and releasing the City from any
and all liability, claims, expenses, lawsuits, or actions of any kind, including but not
limited to those sounding in inverse condemnation, negligence,.nuisance, or dangerous
condition of public property, that may arise out of any damage caused to the Private
Roadway or any part of the Private Project. If any single Owner or other person or
entity brings an action or claim against the City for damages arising out of the failure of
the Private Project to convey water adequately, the other OWNERS. shall indemnify,
defend, and hold harmless the City, its employees, officers, directors, agents,
representatives, successors, and assigns ("City Parties") against, and to reimburse any
one or more of the City Parties for, any and all claims, obligations, and damages directly
or indirectly arising out of, resulting from, or in connection with any flooding event
caused by, in part or in whole,the Private Project.
The OWNERS agree to perform repairs and maintenance of private project storm
drain facilities in a manner to ensure flowage of storm water to the maximum extent
practicable. The repairs and maintenance shall include the following: Repairs and
maintenance under this Agreement shall include, but shall not be limited to, repairing
and maintaining drainage structures, removing debris, and other work reasonably
necessary and proper-to repair and preserve the storm drain for its intended purposes.
The storm drain shall be maintained regularly as necessary to keep the facilities in
proper working order, with a minimum maintenance frequency of twice annually.
Further, the cost and expense of maintaining the private storm water treatment facilities
shall be paid by the owner or the heirs, assigns, and successors in interest or each such
owner.
This Covenant shall run with the land and be binding upon. and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
s
Failure of OWNERS to comply with the terms of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
ACCEPTED AND AGREED BY:
Si ate: � (7 11 z0 Z-Z)
Gregory L. Sfnith, Co-Trustee 6Y the Gregory Smith and Cathie Perry Smi at d
February 14, 2013 (264-270-01) ���"1��ac�ied
CA Notary Document
Sign: Date: a ���
Cathie Perry Smith, Co-Trustee o e-Gregory mith and Cathie Perry Smith Trust
dated February 14, 2013 (264-270-01)
Sign: Date:
David Murphey, Co-Trustee of the
Murphey Family Trust dated January 24, 1992 (264-270-02)
Sign: Date:
Shelly Murphey, Co-Trustee of the
Murphey Family Trust dated January 24, 1992 (264-270-02)
Sign: Date:
Eric J. Goodrich (264-270-03)
Sign: Date:
Maricela H. Goodrich (264-270-03)
I
Sign: Date:
Olivier Kolpin, Trustee of the A.O.K. Trust dated April 10, 2017 (264-270-11)
Sign: Date:
Amber S. Kolpin, Trustee of the A.O.K. Trust dated April 10, 2017 (264-270-11)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CO®E§ 1189
A notary public or other officer completing this certificate verges 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 Cali_ a Q )
Co my of )
1 9
On I,V}'1,Q 2- 2� ore me; i�_ m L�
Date Here Inert N�7 a d Title of h O cer
personally appeared re. o
F dame )of Signer(s)
who proved to me on the basis of ti factory evidence to be the person(s) whose name(s)\S/are
sub cubed to the within instrument an ackngwl ged to me that t_s1w/they executed the same in
Firs/t�r/their authorized capacity(iss),and that by NsAwr/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
KRISTIN A.HOUGH WITNESS my hand and official seal.
COMM. #2795554 c
Notary Public•California
Co San Diego ma 5,2021 County 27
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Descr ption of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
CapaclWies)Claimed by Signer(q)
Signer's Name: . .. _.._._ Signer!"ame:-.._.
n ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General
❑Individual ❑Attorney in Fact ❑Individual ❑Attomey in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardiawor Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association°www.NationaiNotary.org o 1-800-US NOTARY(1-800-876-6827) Item#5907
I �1
l
Failure of OWNERS to comply with the terms of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
ACCEPTED AND AGREED BY:
Sign: Date:
Gregory L. Smith, Co-Trustee of the Gregory Smith and Cathie Perry Smith Trust dated
February 14, 2013 (264-270-01)
Sign: Date:
Cathie Perry Smith, Co-Trustee of the Gregory Smith and Cathie Perry Smith Trust
dated February 14, 2013 (264-270-01)
Si n: Date: 6,-ZS-20'
David urphey, Co-T 15stee f th
Murphey Family Tru t date January 24, 1992 (264-270-02)
Sign: ate: c (� cIU
Shelly Murphey, Co- ru tee f th
Murphey Family Trust ated anus 4, 1992 (264-270-02)
Siqn: Date:
Eric J. Goodrich (264-270-03)
Sign: Date:
Maricela H. Goodrich (264-270-03)
Sign: Date:
Olivier Kolpin, Trustee of the A.O.K. Trust dated April 10, 2017 (264-270-11)
Sign: Date:
Amber S. Kolpin, Trustee of the A.O.K. Trust dated April 10, 2017 (264-270-11)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 San D 1! qT )
On UUAA?— 25 ,2D2,0 before me, m1C_W_X le. R, G220. Pubs lG ,
Date Here Insert Name and Title of the Officer
personally appeared IDIV IGI muxp
Name(s) of Signer(s)
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/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
MICHELLE R.GENERAllO
Notary Public-California L g
Z -: San Diego County Z Si nature
Z Commission#2159684 D ( Signature of Nota b 'c
My Comm.Expires Aug 9,2020
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 San Deno )
On JuPe. Qu,2,020 before me, 1 I l(Alke �• C'�X X4220� N PA16C ,
Date �n 1,�,,. , Here Insert Name and Title of the Officer
personally appeared S���y 1 1��p 11Ai
Name(s) of Signer(s)
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/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
MICHELLE R.GENERAllO WITNESS my hand and official seal.
Notary Public-California z
c .� San Diego County z
i Commission#2159684 Signature
rrAy Comm. Expires Aug 9,2020 Signature of N to blic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0201 4 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
Failure of OWNERS to comply with the terms of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
ACCEPTED AND AGREED BY:
Sign: Date:
Gregory L. Smith, Co-Trustee of the Gregory Smith and Cathie Perry Smith Trust dated
February 14, 2013 (264-270-01)
Sign: Date:
Cathie Perry Smith, Co-Trustee of the Gregory Smith and Cathie Perry Smith Trust
dated February 14, 2013 (264-270-01)
'I Sign: Date:
David Murphey, Co-Trustee of the
Murphey Family Trust dated January 24, 1992 (264-270-02)
Sign: Date:
Shelly Murphey, Co-Trustee of the
Murphey Family Trust dated January 24, 1992 (264-270-02)
Si � &M c, Date: —C-- D�(,
E c J. G-0-cidrich 64-270-03)
Sian: 4VI (/L, Date:
Marice Ham:Goodrich (264-270-03)
Sign: Date:
Olivier Kolpin, Trustee of the A.O.K. Trust dated April 10, 2017 (264-270-11)
Sign: Date:
Amber S. Kolpin, Trustee of the A.O.K. Trust dated April 10, 2017 (264-270-11)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 San Diego }
On 2USUbefore me, Naomi Benavides Ramos, Notary Public
e ^ O O �I ere insert name rl/1 the officer,
Q W 0
personally appeared Iy_ ,Y^I "V 1'�j(1
who proved to me on the,basis of satisfactory evidence to be the person&Dwhose
name(D We subscribed to the within instrument and acknowledged to me that
he/she/ a executed the same in his/her ei authorized capacity es , and that by
his/he the Signature@ on the instrument the person, or the entity upon behalf of
which the person@ 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.
NAOMI BENAVIDES RAM05
WITNESS my hand and official seal. NotaryPubile-California
.0.�= San Diego County
Commission 022623
My Comm.Expires Nov 8,2022
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notmy wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the document.Acknowledgments
front other states may be completed for-docionents being sent to that state so long
Nwn� Qm dyllA as the wording does not require die California notmy to violate California notary
law.
(Till r description of attached ment) • State and Count), information must be the State and County where the document
Lsigner(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or ascription of attacheld documen continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they-is/afe)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to resection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits.otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate tite capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Failure of OWNERS to comply with the terms of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
ACCEPTED AND AGREED BY:
Siqn: Date:
Gregory L. Smith, Co-Trustee of the Gregory Smith and Cathie Perry Smith Trust dated
February 14, 2013 (264-270-01)
Sign: Date:
Cathie Perry Smith, Co-Trustee of the Gregory Smith and Cathie Perry Smith Trust
dated February 14, 2013 (264-270-01)
Siqn: Date:
David Murphey, Co-Trustee of the
Murphey Family Trust dated January 24, 1992 (264-270-02)
Sign:
Date:
ate:
Shelly Murphey, Co-Trustee of the
Murphey Family Trust dated January 24, 1992 (264-270-02)
Sign: Date:
Eric J. Goodrich (264-270-03)
Sign: Date:
Maricela H. Goodri ( 4-270-03)
Si n: Date:
Olivier Kolpi T4usteeoftheA.OK. rust dated April 10, 2017 (264-270-11)
Si n: Date: 2-7
Amber . olpin, Trustee of the A.O.K. Trust date April 10, 2017 (264-270-11)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate
STATE OF CALIFORNIA 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.
County of_San Diego
Onj UYyCa 2020 before me, A.Vasvani, Notary Public ,
Date Here Ins Name and Title of the Officer
pers nally appeared Lj V V�Ld
r� Name(s)of Signer(s)
AM a � • O -�p
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 Mule/they
executed the same in hWh r/their authorized capacity(ies),
�S�µeFT�v VASVa�I and that byer/their signature(s)on the instrument the
A
Con!v.#21603
ANN r� person(s), or the entity upon behalf of which the person(s)
Nr o NOTARY PC-BUC-CALIFORNIAN acted, executed the instrument.
COUNTY OF SAN DIEGO
G " htY COMM.EXP.AUG. -
- - I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my nd a d official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
-❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact 7thumbhere Trustee ' ❑ Trustee
Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top o
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
I
6/0 Z 7 Z.
Sign: Date:
Alexander D. Neal, Trustee of the Neal Family Trust dated August 29, 2013 (264-270-
12)
Sign: Date:
G .- 7 -ZO
Natali6 J. Neal, Trustee of the Neal Family Trust dated August 29, 2013 (264-270-12)
(Notarization of OWNERS signature is attached.)
-AND-
CITY OF ENCINITAS:
7ibZo
Edward J. Wi j r Date
City Engineer
Development ices Department
City of Encinitas
(Notarization not required)
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 l
County of -San Diego J} 1
On .J 7 1 2—d V—® before me, �r �9 L` ��.(1J�j. ✓`.'� 12� ����a
Date Here Insert Name and Title of the Officer
personally appeared �GV��
Name(s)of Signer(s)
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/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
aRANDI L.LEWIS paragraph is true and correct.
Notary Public-California
Y o San Diego County
Commission M 2242566 WITNESS my hand and official seal.
`""•`"" My Comm.Expires May 14,2022
Signature
Place Notary Seal and/or Stamp Above Signature of Notary lic
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Cis -A —J w'�^^'^^{� Signer's Name:.
❑ Corporate Officer—Title(s): nay ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: a Encini S Signer is Representing:
02019 National Notary Association
I
I
CALIFORNIA ALL- PURROSE
CERTIFICATE. OF ACKNOVLEDCMENT'
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 San Diego .:
C1n.J_u t 2�� 2 o before rime, Charles Phan,Notary Public
- ` ,ere 111seVinaTe andlitlepf 1.ee Icer
personally appeared Altxaoc�Pi IVt�aI IUa4alft . Nea I ,
who:proved.to me on the;basis of atisfactory evidenceAo be the persons)whose
names)-,is%are subscribed to the within instrument and acknowledged to:me that
he/she/they the same rn his/her/their authorized cap acity.(ies), and that by
his%her/their slgnat O on the Instrument the person(s),;or he entity upon behalf of
which the person(s):acted,; executed he instrument.
1 certify under PENALTY OF PERJURYunder he aws of the State of Califomia that
the foregoing g g paragraph Is true and correct.
i
WITNESS my hand and offcial seal.. GNARfE5P,,,,N
-9,V Notary Public seo-California
,San Diego County $
Goinmission t 2315189
-. Comm.Expires Dec 10,-2023
Notary Public Signature; (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION 'INSTRUCTIONS FoR:coNPL-E nN'G THIS FORM;
77rtsform complies with current Colifornia'stalutes regdrdmg notary wording
DESCRIPTION OF THE ATTACHED DOCUMEN T iif coded:should be compleied.and titiaehed to-the document AeknoiYledgments
from o(herstares»tai be:completedford6cuments being sent to that state so4ong:
ar tkeavnrding dyes trot reryurre.the`California notary to tiiolate Cal fornib4ia[ary:
lair,
(Title Or.description of attached document) . State>And.County mfoftri ion must be"the State and County; ere the document
signer(s}:personali}`appeared.befoeile notary;pubiic for acknowledgment.
+ Date of notanzafion must be the date':that thesgner(s)pers°natty appearedwhich
(Title or description of attached.document continued)
• Theinotary e ubl cemusttprint h snor hg name as it appears::within his or her
NUtnt)@C Qf Pa es DOt ufTt2flf D3t2 : commission f IIoN+,ed by:a comma and:dlen:your title n°tarry public).
• Print.the names) of document:signers) vdho..persorially appear at the time-of
_. notay anon.
CAPACITY CLAIMED BY THE_:SIGNER„ 16dicate:the correchsingular or plutal forms`by crossing of incorrect-forms(ix;
he/she/�kev�ss/are„nr circlingthe cdrrect:f°rms xailute;to cortectlw indicate this
(]': Ind1VItlUaI (5} infiannatronniay lead°to rejection of document recording
0 Corporate Officer • The=notary seal impression must be clear and photographically.reproducible:
Impression must.not cover text at-lines. lf.seal impression smudges re-seal if a
(Title) sufficient area permits,otherwise complete a:different acknolviedaanentfdtrri. .
0 Pahner(s) Signature of the::notary public must match the signature cm file with the office of
the county clerk.
0 Attorney:in-Fact Additional information is not required but:could belp to.ensure this
0 Trustf'2(S� acknowledgment"is not rritsused or anached to a:differept document
'0: Other °a me 06 Indicate title ortvpe ofatiached.documenf,number d date.
Indicate the capacity claimed by the signer If:the cl d capacity is a
corporate.pffcer,indieate:the title(Lee CEO,.C:EO.,Secretary).
4 5 w w ,N,;t 4 f z 4 r _ 4 • Securely attacti.this document to the signdd:docunt enf�viilt a staple.,
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
SMITH PROPERTY (264-270-01)
PARCEL A:
Parcel i of Parcel Map No. 12666, in the city of Encinitas, County of San Diego,
State of California, filed in the office of the County Recorder of San Diego
County, April 14, 1983 as File No. 83-119771 of Official Records.
PARCEL B:
An easement for sewer line purposes over, under, along and across those portions
of parcels 1 and 2, of said Parcel Map No. 12666, lying within a strip of land
10.00 feet in width, the center line being described-as follows!
Beginning at a point on the southerly line of said Parcel. 2, said point being
North 83036,28" west, 149.93 feet from the Southeast corner thereof; thence North
6700113211 West, 63.80 feet; thence North 04 000155" West, 94.49 feet; thence North
070SO120" East, 100.87 feet; thence North 15 005118" West, 116.48 feet; thence
South 89 037,10" West, 121.34 feet to a point to the Westerly boundary of said
Parcel 1, said point being on the are of a 375.00 'foot radius curve, a radial
line to said curve bears North 83 036140" East.
The. sidelines of said easement to terminate Southerly in the Southerly boundary
of said Parcel 2, and terminate Westerly in the westerly boundary of said Parcel
1.
EXCEPTING THEREFROM that portion lying within Parcel A above.
PARCEL C:
An easement and right of way for utility purposes, including but not limited to
electric power, telephone, water and appurtenances thereto, over, under,. along
and across that portion of Parcel 2, of said Parcel Map No. 12666, lying within
a strip of land 10.00 Poet in width, the center line being described as follows;
Beginning at a point on the East line of said Parcel 2, distant thereon •North
04006154" East, 50.00 feet from the Southeast corner thereof; thence
Southwesterly along a straight line to a point on the Southerly line of said
Parcel 2 distant thereon North 83 036,28" West, 70.00 feet from the Southeast
corner thereof.
I
MURPHEY PROPERTY (264-270-02)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS;
Parcel A:
Parcel 2 in the City of Encinitas, County of San Diego, State of California, as shown on a
Parcel Map filed in Book of Parcel Maps at Page 12666,in the Office of the County Recorder
of San Diego County, on April 14, 1983.
Parcel B:
An easement for sewer line purposes over, under, along and across those portions of-Parcels
1 and 2 of said Parcel Map No. 12666, lying within a strip of land 10.00 feet in width, the
center line being described as follows;
Beginning at a point on the Southerly line of said Parcel 2,said point being North 83°36'28"
West, 149.93 feet from the Southeast corner thereof;thence North 67°01'32"West, 63.80
feet; thence North 04°00'56"West, 94.49 feet;thence North 07°50'20"East, 100.87 feet;
thence North 15005'1 8"West, 116.48 feet; thence South 890 27'11 O"West, 121.34 feet to
a point in the Westerly boundary of said Parcel 1,said point being on the arc of a 375.00foot
radius curve, a radial line to said curve bears North 83 1136'40"East.
The sidelines of said easement to terminate Southerly in the Southerly boundary of said Parcel
2, and terminate Westerly in the Westerly boundary of said Parcel 1.,
Excepting therefrom that portion lying within Parcel A above.
Assessor's Parcel No: 264-270-02
GOODRICH PROPERTY (264-270-03)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcel A:
Parcel 3 of Parcel Map No. 12666, in the City of Encinitas, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, April 14, 1983 as
File No. 83-119771 of Official Records.
Parcel B:
An easement for sewer line purposes over, under, along and across those portions of Parcels
1 and 2 of Parcel Map No. 12666,in the County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, April 14, 1983 as File No. 83-119771
of Official Records, lying within a strip of land 10.00 feet in width, the center line being
described as follows:
Beginning at a point on the Southerly line of said Parcel 2, said point being North 83°36 '28"
West, 149.93 feet from the Southeast corner thereof; thence North 67°01 '32'West, 63.80
feet; thence North 4°00 '56"West, 94.49 feet; thence North 7°50 '20"East, 100.67 feet:
thence North 15 005 '18'West, 116.48 feet; thence South 890 37 '10'West, 121.34 feet to
a point in the Westerly boundary of said Parcel 1, said point being on the arc of a 375.00 foot
radius curve, a radial line to said curve bears North 83°36 '40'East.
The sidelines of said easement to terminate Southerly in the Southerly boundary of said Parcel
2, and terminate Westerly in the Westerly boundary of said Parcel 1.
Parcel C:
An easement and right of way for utility purposes, including, but not limited to, electric power,
telephone, water and appurtenances thereto, over, under, along and across that portion of
Parcel 2 of Parcel Map No. 1,2666,in the County of San Diego, State of California, filed in the
Office of the County "Recorder of San Diego County, April 14,,1983 as File No. 83-119771
of Official Records, lying within a strip of land 10.00 feet in width, the center line being
described as follows:
Beginning at a point on the East line of said Parcel 2, distant thereon North 04°06 '54'East,
50.00 feet from the Southeast corner thereof; thence Southwesterly along a straight line to
a point on the Southerly line of said Parcel 2, distant thereon North 03136 '28"West, 70.00
feet from the Southeast corner thereof.
Assessor's Parcel No: 264-270-03-00
KOLPIN PROPERTY (264-270-11)
The land referred to herein is situated In the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 1918, W THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. SEPTEMBER 20. 1973.
PARCEL B-
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THOSE PORTIONS OF LOT 3, IN SECTION 8, TOWNSHIP 13
SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL PLAT THEREOF AND LOT 17 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, 1898, INCLUDED WITH A STRIP OF LAND
60.00 FEET IN WIDTH, THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 3, SAID POINT BEING NORTH 87.0415- WEST,
365,00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH 87'0415° WEST, 357.02 FEET
ALONG THE NORTHERLY LINE OF SAID LOT 3 AND ITS WESTERLY PROLONGATION TO THE EASTERLY LINE OF
LONE JACK ROAD, 60.00 FEET IN WIDTH. THE SOUTHERLY LINE OF SAID EASEMENT TO TERMINATE EASTERLY ON
THE WESTERLY LINE OF PARCEL 1 AS SHOWN ON PARCEL MAP DESCRIBED ABOVE, AND TO TERMINATE WESTERLY
ON THE EASTERLY LINE OF SAID LONE JACK ROAD.
PARCEL C:
AN EASEMENT FOR ROAD AND UTILITIES PURPOSES.TOGETHER WITH RIGHT TO GRANT TO OTHERS ANY PORTION
THEREOF, OVER THAT PORTION OF LOT 3 IN SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, INCLUDED WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, THE EASTERLY LINE OF SAID STRIP BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 3. BEING ALSO THE NORTHEASTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO ROBERT E. ANDERSON, ET UX, RECORDED AS FILE NO. 346350 OF
OFFICIAL RECORDS, ON DECEMBER 29, 1972, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 3, NORTH 87.04'15"WEST, 365.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 04'06'00" WEST, 540.GD FEET; THENCE SOUTH
10'01'20 WEST. 285.58 FEET TO A POINT HEREIN REFERRED TO AS POINT -A`. THE WESTERLY LINE OF SAID
STRIP OF LAND TO TERMINATE NORTHERLY IN A LINE EXTENDING NORTH 87'0415-WEST FROM THE TRUE POINT
OF BEGINNING AND TO TERMINATE SOUTHERLY ON A LINE OF CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS
OF 7000.00 FEET, PASSING THROUGH SAID POINT-A-AND FROM WHICH POINT-A', A RADIAL LINE BEARS SOUTH
09'4638'WEST.
PARCEL D:
AN EASEMENT FOR ROAD AND UTILITIES PURPOSES OVER THE WESTERLY 30.00 FEET OF PARCEL 1 OF PARCEL
MAP NO. 1918, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1973 AS FILE NO. 73-265534 OF
OFFICIAL RECORDS,
Assessor's Parcel Number: 264-270-11-00
NEAL PROPERTY (264-270-12)
The land referred to is situated in the County of San Diego, City of Encinitas, State
of California, and is described as follows:
PARCEL A:
PARCEL 1 OF PARCEL MAP NO. 1918, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED
IN SAID SAN DIEGO COUNTY, SEPTEMBER 20,1973 AS FILE NO, 73-265534 OF
OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THOSE
PORTIONS OF LOT 3 IN SECTION 8 TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AND LOT 17
OF THE SUBDIVISION OF THE RANCHO LAS 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, INCLUDED WITHIN A STRIP OF LAND 60.00 FEET IN WIDTH, THE
NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 3, SAID
POINT BEING NORTH 870 04' 15" WEST 365.00 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 3; THENCE NORTH 67° 04' 15" WEST 357.02 FEET ALONG
THE NORTHERLY LINE OF SAID LOT 3 AND ITS WESTERLY PROLONGATION TO
THE EASTERLY LINE OF LONE JACK ROAD, 60 FEET IN WIDTH.
THE SOUTHERLY LINE OF SAID EASEMENT TO TERMINATE EASTERLY ON
THE WESTERLY LINE OF PARCEL 1 ABOVE, AND TO TERMINATE WESTERLY ON
THE EASTERLY LINE OF SAID LONE JACK ROAD.
EXHIBIT "B"
PLAT OF PRIVATE STORMDRAIN FACILITIES
EXHIBIT'B►►
PLAT OFPRIVATESTORMBRAKFAMITI&
1
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7
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30.00
NEW ROCK—LINED
30.0 o /�SWALE
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WING WALLS `� / i j�SMPE PR07EC110N
Icmw CONCRETE
T HEADWALL
ROAD x16.6
tLIMITS OF GRADED
PRIVATE I�II cSTORM DRAIN PIPES 4 RCP
.NEW CONCRETE
S `� /S NEW CONCRETE� _ .HEADWALL —
TJ I APRON
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u
NEW CON C.
WING WA S�SOCK LINED
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NEW CONCR DISSIPATER NEW RIP-RAP
I GRAVITY WALL ENERGY DISSIPATER
I
SUBJECTPROPERTY s r
3211 LONE JACK ROAD HOW
ENCINI MS, CA 92024 W.444173 9
APN: 264-270-01 0 20 40
SCALE: 1" = 20'