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2023-1928DOC# 2023-0001928 Recording Requested By: City Engineer When Recorded, Mail To: City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Jan 04, 2023 02:14 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $47.00 (S82 Atkins: $0.00) SPACE ABOVE FOR RECORDER'S USE SEWER FACILITY OPERATION AND MAINTENANCE AGREEMENT A.P.N.: 258-241-31 Case No.:16-189 MUPMOD/DR/CDP & MULTI-002734-2016 Address: 385 & 389 Requeza Street Permit No.: LDEV-016916-2021 PAGES: 12 This Agreement is entered into, by and between Rancho -Coastal Humane Society, a California Corporation ("Owners") and the City of Encinitas, ("City") a municipal corporation. Owners and City shall be collectively referred to as the "parties". WHEREAS, Owner are the record owner of certain real property located on 385 & 389 Requeza Street in Encinitas, California, identified as A.P.N. 258-241-31 and as fully described in Exhibit "A" which is attached hereto and made a part hereof; as shown in Exhibit "B" which is attached hereto and made a part hereof; and WHEREAS, Owners desire to install a private sewer main, private gravity sewer and all appurtenances thereto on the aforesaid Property (collectively known as "Private Sewer Facilities") to provide for the discharge of the effluent from the aforesaid premises to the City's gravity main infrastructure located in Private Drive 'A' at 385 & 389 Requeza Street in the City of Encinitas, California, as identified in Exhibit "B"; and WHEREAS, the City and Owners wish to set forth the agreed upon terms and conditions in this Agreement, which concerns the installation, operation and maintenance of the Private Sewer Facilities. NOW THEREFORE, for and in consideration of the mutual promises contained herein and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. TERM The City shall allow the Owners to discharge effluent through the Owner's Private Sewer Facilities and into the City's gravity sewer main connected to the City's gravity main or the City's manhole, as long as the following conditions are satisfied: (i) City facilities remain in service and available; (ii) City facilities have sufficient capacity to convey the discharge of effluent from Owner's Private Sewer Facilities; (iii) the Owners have not caused or allowed any other connections of a private sewer main, pump station or private lateral to City Facilities without the prior express written consent of the City and applicable Wastewater Discharge Fees be paid by connecting party; and (iv) Owners have not breached any term in this Agreement. The commencement date upon which such right is granted shall be the date of the last authorized signature (the "Term"). 2. OWNER'S RESPONSIBILITIES: (i) Owners, its successors, heirs, and assigns shall, at its own cost and at no cost to the City, assume all responsibility and liability for the installation, operation, maintenance, design, repair and replacement of the Private Sewer Facilities, including, but not limited to, those placed in the .City's right-of-way; (ii) Owners shall cause the plans and specifications for its private utility improvements, including, but not limited to, the Private Sewer Facilities, which it intends to be placed within Private Drive `A' at 385 & 389 Requeza Street, in the City of Encinitas, California, to be reviewed and approved by the Development Services Department. Owners shall construct said private facilities in accordance with approved Grading Plan LDEV-016916-2021. The private sewer infrastructure shall be built to the same standard as if it were a public sewer main, owned by the City. Additionally, Owners shall, prior to the start of any work, obtain a public improvement permit ("the Permit) for the construction and inspection of the proposed improvements, and provide the City with the required financial surety in the amount of the approved Engineers Cost Estimate. (iii) Owners shall timely obtain all necessary approvals, including any approvals required by the City of Encinitas, for construction and operation of the Private Sewer Facilities. Owners shall also meet all applicable local, state and federal laws and regulations pertaining to construction, maintenance and/or operation of the Private Sewer Facilities. (iv) Owners represents and warrants that all utility improvements, including, the Private Sewer Facilities, will be constructed, designed, and installed in accordance with City Standards and Grading Plan LDEV-016916-2021. (vi) Owners shall timely pay all appropriate fees and service charges that are required by City Ordinance including but not limited to Wastewater Capacity Fees and prorated annual service charges. (vii) Owners shall reimburse the City for any and all reasonable costs, labor, charges, and expenses associated with the City's excavation and investigation of leaking private facilities located in the public right-of-way that are determined by the City to be owned, maintained, and operated by Owners. (viii) Owners shall be liable to the City for all costs, fines, charges, fees, and expenses associated with, arising out of or related to the City's response to any calls to the Department requesting the City to contain, remove, sanitize or clean-up any effluent discharged from leaks or damaged private main or private facilities and Owners shall be liable to the City for any and all reasonable repairs made to Owner's private main and/or private facilities, and shall indemnify the City, its departments, employees, representatives, and officials from and against any and all claims based on any theory of liability, including, but not limited to, property damage, personal injury, or death, reasonable attorney's fees, costs and expenses. (ix) Owners agrees that the City shall have the ability to take ownership and responsibility of the Private Sewer Facilities at a time after the City is able to secure Public Sewer Easements over, under, and across the land in which said Private Sewer Facilities lay. The transfer of ownership from the Owners to the City will occur at the time the City begins the perpetual maintenance of the said Private Sewer Facilities, however all sewer laterals will remain privately owned and maintained. This clause shall be part of any future private maintenance agreements between the Owners and any other property owners wishing to connect to the private system. Other property owners wishing to connect to these Private Sewer Facilities shall obtain a Wastewater Discharge Permit from the City after paying the applicable fees prior to connection to the sewer main. 3. CITY'S RESPONSIBILITIES: The City's sole responsibility is that it shall, provided that all conditions precedent have been fully satisfied to the sole discretion of the City, allow the Private Sewer Facilities to discharge into the City's gravity main infrastructure located within Private Drive 'A' at 385 & 389 Requeza Street, in the City of Encinitas, California; and It is expressly understood by the Parties, that the City shall not be responsible for any costs, fees, expenses, or parts thereof, for the design, construction, installation, maintenance, operation, use, damage, or repair of any kind and for whatever reason of Owner's private sewer utility improvements, including, its Private Sewer Facilities. 4. INDEMNIFICATION: Owners, its successors, heirs and assigns, agree to now and forever, save, indemnify, defend and hold harmless the City, its officials, employees and agents, from and against any and all claims based on any theory of liability, including, but not limited to, claims for damages, fees, charges, penalties, fines, costs, personal injury, death, or arising from the design, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal or abandonment of the City's facilities. Owners, its successors, heirs, and assigns further agree to now and forever save, indemnify, defend and hold harmless the City, its officials, employees and agents, from and against any and all claims, damages, fees, charges, penalties, fines, costs and liabilities arising from or related to this Agreement, or alleged to arise from, or in any way relating to, the design, installation, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal, or abandonment of the Private Sewer Facilities, and from and against any and all claims for damages, penalties, fines, fees, costs and claims relating to environmental pollution and unlawful discharges of sewage resulting form or relating to the operation, malfunction, leakage or breakage of the Private Sewer Facilities. 5. UNAUTHORIZED CONNECTION STRICTLY PROHIBITED: Owners understands and agrees that no other sewer lines from other parcels of land may connect to the Private Sewer Facilities without the express prior written consent from the City's Development Services Department, which such approval shall be within the sole discretion of the City. Each future connection to the Private Sewer Facilities shall be inspected and constructed to the City's Public Standard and a Sewer Lateral Construction permit shall be obtained. It is further understood and agreed that no subdivided or re -subdivided parcels involving the Property may in any way utilize the Private Sewer Facilities without the express prior written consent of the City. 6. MANDATORY CONNECTION TO CITY SEWER SYSTEM Owners shall cause the Property to be connected to the City's gravity sewer main and the City's sewer utility infrastructure when the same becomes available to the Property at the discretion of the Development Services Director or designee/s. Owners shall at that time be required to pay all applicable fees or charges related thereto, including, but not limited to, pro rata fees or charges pursuant to Encinitas Municipal Code. 7. MISCELLANEOUS: This Agreement shall be binding on Owners, its heirs, successors and assigns and shall run with the land currently identified as Assessor's Tax Map Parcel No. 258- 241-31 and as described in Exhibit "A" except for any portion(s) thereof which are dedicated to the City of Encinitas. This Agreement constitutes the final understanding between the Parties. This Agreement shall be governed, interpreted and enforced by the laws of the City of Encinitas and any disputes arising out of or related hereto shall be heard in the courts containing competent jurisdiction. OWNER: j1di Sanzo on Behalf o� Rancho -Coastal umane Society, *Cs4lifornia Corporation Date SEE ATTACHED NOTARY CERTIFICATE (Signature of Owners to be notarized. Attach the appropriate acknowledgement). CITY OF E N c- iN i-rA tvy . Bankston Engineer Development Services Department C t TY OF k=WCi ni I'r/\r, CN o-ii,% Z,%-1, no 4- r"e-V i2F? A 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 Say\ SS. On 2-0,._ ? 2-, before me, ('A-r) `�-- �� �1 0 n , Notary Public, DATE personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to t1r, within instrument and acknowler ed to me that h she they executed the same in ^ / heir authorized capacity(ies), and that by his/�5'lor heir signature(s) on the instrument the person the entity upon behalf of which the ANGELA A. SIMON person(s) acted, executed the instrument. CoMM.# 2367944 '^ o NOTARY PUBLIC CALIFORNIA I certifyunder PENALTY OF PERJURY under the SAN D1hU0 COUNTY a„p.as MY Comm. EXP. JULY 27, 2025 ^' 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 ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ❑ OTHER: TITLE OR TYPE OF DOCUMENT TITLE(S) NUMBER OF PAGES DATE OF DOCUMENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OTHER RIGHT THUMBPRINT OF s SIGNER o 0 0 APA01/2015 NOTARY BONDS, SUPPLIES AND FORMS AI'HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRA INSURANCE 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 AUGUST 25 2022 before me, OMAR KALASHO, NOTARY PUBLIC (insert name and title of the officer) personally appeared JUDI M. SANZO 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. 0mar Kalasho y CO�1h11 23899-84 -NOTARY PI cLIC—CALIFORNIA cXPIRH 1i912026 Signature (Seal) EXHIBIT "A" Case No. MULTI-002734-2016, DR-002737-2018, USE-002736-2016, and CDPNF- 002735-2016 (16-189 MUPMOD/DR/CDP) Legal Description ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, CONSISTING OF THE FOLLOWING PARCELS: J_1:Zfl4W_T, THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 15 AS CONVEYED BY DEED RECORDED MARCH 21, 1966, SERIES 7, BOOK 1966, FILE NO.47748, PAGE 1123 OF OFFICIAL RECORDS, SAN DIEGO COUNTY. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF SAID EAST HALF; THENCE SOUTH 0°51'50" WEST ALONG THE EASTERLY LINE OF SAID EAST HALF A DISTANCE OF 662.72 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89°44'05" WEST ALONG THE SOUTHERLY LINE OF SAID EAST HALF A DISTANCE OF 339.37 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'38'30" EAST ALONG THE WESTERLY LINE OF SAID EAST HALF A DISTANCE OF 336.54 FEET; THENCE SOUTH 89°35'30" EAST 200 FEET; THENCE NORTH 0°38'30" EAST 327 FEET TO THE NORTHERLY LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89°35'30" EAST ALONG SAID NORTHERLY LINE 141.92 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THERE FROM THE FOLLOWING DESCRIBED PROPERTY AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED NOVEMBER 7, 1962, SERIES 3, BOOK 1962, PAGE 190504, PAGE 439 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY: ALL THAT PART OF PARCEL A LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE HAVING COORDINATES X=1,682,822.11 FEET AND Y=320,591.15 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SOUTH 8056'26" EAST, 341.94 FEET TO THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO LEONARD K. FULLER, ET UX, BY DEED RECORDED APRIL 9, 1953 IN BOOK 4815, PAGE 120 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERLY LINE AS CONVEYED TO LEONARD K. FULLER, SOUTH 1016'53"WEST 89.48 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86014'59" EAST, 11.08 FEET; THENCE NORTH 79°44'58" EAST 203.96 FEET; THENCE NORTH 85°20'56" EAST, 150.75 FEET; THENCE NORTH 82°31'44" EAST, 101.12 FEET; THENCE NORTH 1 °03'34" EAST, 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 15, DISTANT -3- ALONG SAID NORTHERLY LINE SOUTH 88°56'26" EAST, 802.66 FEET FROM SAID POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AS CONVEYED BY DEED RECORDED OCTOBER 10, 1966 IN SERIES 7, BOOK 1966, FILE NO. 163423, PAGE 1024 DESCRIBEDAS FOLLOWS: COMMENCING AT A 2 INCH IRON PIPE SET FOR THE NORTHWEST CORNER OF SAID WEST HALF, SAID NORTHWEST CORNER BEING AT COORDINATES Y=320,591.15 FEET AND X=1,682,822.11 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID WEST HALF, SOUTH 88056'26" EAST, 341.94 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE EASTERLY LINE OF SAID WEST HALF, SOUTH 1°16'53" WEST, 89.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NUMBERED COURSES (1) CONTINUING ALONG LAST SAID EASTERLY LINE, SOUTH 1016'53"WEST, 317.31 FEET; (2) LEAVING SAID EASTERLY LINE, NORTH 29002'46" WEST, 190.87 FEET; (3) NORTH 19°11,45" WEST, 170.03 FEET; (4) SOUTH 86°14'59" EAST, 156.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS HEREIN ABOVE DESCRIBEDCOURSES (2) AND (3). 7T34i41wel THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AS CONVEYED BY DEED RECORDED OCTOBER 14, 1960, IN SERIES 1, BOOK 1960, FILE NO. 205338 OF OFFICIAL RECORDS, SAN DIEGO COUNTY, DESCRIBEDAS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID EAST HALF; THENCE SOUTH 0°51'50" WEST ALONG THE EASTERLY LINE OF SAID EAST HALF A DISTANCE OF 662.72 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89°44'05" WEST ALONG THE SOUTHERLY LINE OF SAID EAST HALF A DISTANCE OF 339.37 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0°38'30" EAST ALONG THE WESTERLY LINE OF SAID EAST HALF A DISTANCE OF 336.54 FEET; THENCE SOUTH 89'35'30" EAST 200 FEET; THENCE NORTH 0038'30" EAST 327.00 FEET TO THE NORTHERLY LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89°35'30" EAST ALONG SAID NORTHERLY LINE 141.92 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE MOST NORTHERLY LINE OF THE ABOVE -DESCRIBED PROPERTY DISTANT THEREON SOUTH 89°35'30" EAST 18.00 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY; THENCE SOUTH 0°38'30" WEST 351.00 FEET; -4- THENCE NORTH 89035'30" WEST 18.00 FEET; THENCE SOUTH 0°38'30" WEST TO THE SOUTHERLY LINE OF THE ABOVE -DESCRIBED PROPERTY. ALSO EXCEPTING THEREFROM ALL THOSE PARTS OR PORTIONS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED APRIL 9, 1963 IN SERIES 4, BOOK 1963, FILE NO. 60130, PAGE 257 OF OFFICIAL RECORDS, SAN DIEGO COUNTY, AS DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, FROM SAID CORNER A 3/4 INCH IRON PIPE BEARS, FOR REFERENCE, NORTH 53°31'51" EAST, 0.37 FEET, SAID SOUTHWEST CORNER HAVING COORDINATES X=1.683,149.16 FEET AND Y=319,921.52 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID EAST HALF, SOUTH 89004'05" EAST, 134.98 FEET, THENCE LEAVING SAID SOUTHERLY LINE NORTH 25009'46" WEST, 187.32 FEET; THENCE NORTH 29°02'46" WEST, 102.11 FEET TO THE WESTERLY LINE OF SAID EAST HALF; THENCE ALONG SAID WESTERLY LINE SOUTH 1°16'53" WEST, 256.68 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF SAID PARCEL CONVEYED TO RANCHO COASTAL HUMANE SOCIETY LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A 2 INCH IRON PIPE, HAVING COORDINATES X=1,682,822.11 FEET AND Y=320,591.15 FEET, SET FOR THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER, OF THE SOUTHWEST QUARTER, SOUTH 88°56'26" EAST, 341.94 FEET TO THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO LEONARD K. FULLER, ET UX BY DEED RECORDED APRIL 9, 1953 IN BOOK 4815, PAGE 120 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL CONVEYED TO LEONARD K. FULLER, SOUTH 1°16'53" WEST, 89.48 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86014'59" EAST 11.08 FEET; THENCE NORTH 79°44'58" EAST, 203.96 FEET; THENCE NORTH 85°20'56" EAST, 150.75 FEET; THENCE NORTH 82°31'44" EAST, 101.12 FEET; THENCE NORTH 1 °03'34" EAST, 20.00 FEET TO A POINT ON THE SAID NORTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, DISTANT ALONG SAID NORTHERLY LINE SOUTH 88°56'25" EAST, 802.66 FEET FROM SAID POINT OF BEGINNING. PARCEL D: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AS CONVEYED BY DEED RECORDED MARCH 5, 1965, IN SERIES 6 BOOK 1965, IN SERIES 6 IN BOOK 1965 FILE NO. 39742, PAGE 861 OF OFFICIAL RECORDS, SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89°04'05" WEST, 204.38 FEET SOUTH 25009'46" EAST, 317.97 FEET; THENCE SOUTH 28034'43" EAST, 52.66 FEET; THENCE TO A POINT ON THE -5- NORTHEASTERLY LINE OF PARCEL 4 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED MAY 19, 1964 AS FILE NO. 90066 OF OFFICIAL RECORDS, THENCE ALONG SAID LINE SOUTH 89°07'57" EAST, 35.27 FEET; THENCE NORTH 1°30'17" EAST, 331.37 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID LAND THAT PROPERTY CONVEYED TO THE SAN DIEGUTO TO WATER DISTRICT BY DEED RECORDED FEBRUARY 15, 2005 AS DOCUMENT NO. 2005- 0127490 AND DESCRIBEDAS FOLLOWS. THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN INTHE CITY OF ENCINITAS COUNTY OF SAN DIEGO, STATE OF CALIFORNIA WITHIN LAND DESCRIBED IN THAT QUITCLAIM DEED RECORDED MARCH 5, 1955 IN FILE/PAGE 39742 OF OFFICIAL RECORDS OF SAID COUNTY OF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THAT GRANT DEED RECORDED OCTOBER 14, 1957 AS DOCUMENT NO. 457053 IN BOOK 6789, PAGE 520 & 521 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89-45-33" EAST (RECORD SOUTH 89-44-05" EAST) 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00°38'56" WEST, 21.99 FEET; THENCE SOUTH 56°28'21" EAST, 87,66 FEET; THENCE SOUTH 00052'15" WEST 21.62 FEET; THENCE SOUTH 89°07'45" EAST, 39.60 FEET TO THE EAST LINE OF LAND DESCRIBED IN SAID QUITCLAIM DEED RECORDED MARCH 5 1965; THENCE ALONG SAID EAST LINE NORTH 00052'15" EAST, 92.16 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN SAID GRANT DEED RECORDED OCTOBER 14, 1957; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89°45'33" WEST 113.50 FEET TO THE TRUE POINT OF BEGINNING. 1V1.1"1114 THE PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, AS CONVEYED BY DEED RECORDED FEBRUARY 9, 1973, IN FILE NO. 73-036539, PAGE 199 OF OFFICIAL RECORDS, SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH HALF, SAID CORNER BEARING FOR REFERENCE NORTH 4'27'16" EAST, 0.63 FEET FROM A 3/4" IRON PIPE MARKED "L.S. 2318" HAVING COORDINATES Y=319,584.12 FEET AND X=683,479.72 FEET; THENCE ALONG THE FOLLOWING NUMBERED COURSES: (1) ALONG THE EAST LINE OF SAID SOUTH HALF SOUTH 1°30'17" WEST, 61.27 FEET; (2) LEAVING SAID EAST ALONG THE EAST LINE, NORTH 28034'43" WEST, 70.35 FEET TO THE NORTH LINE OF SAID SOUTH HALF; (3) ALONG SAID NORTH LINE, SOUTH 89°07'57" EAST, 35.27 FEET TO THE POINT OF BEGINNING. EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS COURSE (2) HEREIN ABOVE DESCRIBED. -6- THE BEARINGS AND COORDINATES USED IN THE ABOVE DESCRIPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.000037 TO OBTAIN GROUND LEVEL DISTANCES. PARCEL F: THAT PORTION OF LAND CONVEYED TO RANCHO COASTAL HUMANE SOCIETY BY DEED RECORDED MARCH 1, 2005 AS DOCUMENT NO. 2005-0168217 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WITHIN THE LAND DESCRIBED IN THAT GRANT DEED RECORDED OCTOBER 14, 1957 AS DOCUMENT NO. 1957-0457053 IN BOOK 6789, PAGE 520 & 521 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LAND DESCRIBED IN SAID GRANT DEED: THENCE ALONG THE WEST LINE THEREOF NORTH 00°38'56" EAST (RECORD NORTH 00°38'30" EAST) 270.86 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89°21'04" EAST 26.00 FEET; THENCE PARALLEL TO SAID WEST LINE SOUTH 00°38'56" WEST 270.67 FEET TO THE SOUTH LINE OF LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG SOUTH LINE NORTH 90°45'33" WEST, 26.00 FEET TO THE POINT OF BEGINNING. PARCEL G: AN ACCESS EASEMENT AS GRANTED TO THE RANCHO COASTAL HUMANE SOCIETY BY DEED RECORDED FEBRUARY 15, 2005 AS DOCUMENT NO. 2005-0127486 AND DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WITHIN LAND DESCRIBED IN THAT GRANT DEED RECORDED OCTOBER 14, 1957 AS DOCUMENT NO. 1957-0457053 IN BOOK 6789, PAGE 520 & 521 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG THE WEST LINE THEREOF NORTH 00°38'56" EAST (RECORD NORTH 00038'30" EAST) 270.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE SOUTH 89°21'04" EAST 26.00 FEET; THENCE PARALLEL TO SAID WEST LINE NORTH 0038'56" EAST, 31.76 FEET TO THE NORTH LINE OF LAND DESCRIBED IN SAID GRANT DEED; THENCE LEAVING SAID NORTH LINE NORTH 89°45'33" WEST 26.00 FEET TO THE NORTHWEST CORNER OF SAID LAND; THENCE ALONG SAID WEST LINE SOUTH 00°38'56" WEST 31.58 FEET TO THE TRUE POINT OF BEGINNING. 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