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2023-1929DOC# 2023-0001929 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: $53.00 (SB2 Atkins: $0.00) Recording Requested By: PAGES: 14 City Engineer When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER POLLUTION CONTROL AND HYDROMODIFICATION MANAGEMENT FACILITIES BY OWNER A.P.N.: 258-241-31 Address: 385 & 389 Requeza Street Permit No.: LDEV-016916-2021 Case No.:16-189 MUPMOD/DR/CDP & MULTI-002734-2016 THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and Rancho -Coastal Humane Society, A California Corporation, its heirs, successors, and assigns, collectively hereinafter referred to as "Owner", owner(s) of that certain real property hereinafter referred to as "Property" that is described in Exhibit "A", which is attached hereto and made a part hereof. This Agreement is for the periodic Maintenance of certain private stormwater treatment, pollution control, and hydromodification management facilities, hereinafter referred to collectively as "Stormwater Facilities". Stormwater Facilities include but are not limited to Best Management Practices (BMPs), Integrated Management Practices (IMPs), Low Impact Development (LID) features, Hydromodification Management Plan (HMP) facilities, structural stormwater treatment devices, and drainage facilities. The description and plat of Stormwater Facilities is set forth in Exhibit "B" which is, attached hereto and made a part hereof. WHEREAS, this Agreement is required by the City as a condition of approval of a City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter 23.24 as well as the City of Encinitas Stormwater Manual; and WHEREAS, the Stormwater Facilities benefit said Property and are used by OWNER; and WHEREAS, the Property benefits and uses the Stormwater Facilities, which are described in Exhibit "B"; and - WHEREAS, it is the desire of the City and the responsibility of the Owner that Maintenance of said Stormwater Facilities occur on a regular and periodic basis as necessary to preserve the Storm Water Facilities in good -working order in accordance with the minimum Maintenance requirements set forth in Exhibit "C" which is attached hereto and made a part hereof and in accordance with the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other related City policies and requirements; and WHEREAS, it is the intention of the Owner and the City that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the Property into perpetuity. NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1) This agreement establishes the Owner's Maintenance requirements for the Stormwater Facilities. The term "Maintenance" wherever capitalized in this agreement shall include, but shall not be limited to: inspection for purposes of identifying operational deficiencies in the Stormwater Facilities, routine upkeep and repair of the Stormwater Facilities in proper working order as determined by the City, and preparation and submittal of the annual inspection report to the City, all as set forth in subparagraph 1.i) through 1.iii). i) The Owner shall inspect the Stormwater Facilities after all major storms. In addition, the Owner shall inspect the Stormwater Facilities at the minimum frequency specified in Exhibit "C", but not less than twice per year. ii) The Owner shall provide upkeep and repair to keep the Stormwater Facilities in good working order and shall repair all deficiencies identified in the Owner's inspections no later than 30 days following the inspection or prior to the next anticipated rain event. Interim water quality control measures shall be utilized to protect damaged or deficient Stormwater Facilities until such time as the Facilities are repaired. The minimum upkeep and repair frequency shall be consistent with the Exhibit "C" but not less than once per year. To the satisfaction of the Director of Engineering Services, the Owner shall ensure that the Stormwater Facilities are in proper working order for the rainy season, which starts on October 1. iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report form from the City website or the City of Encinitas Civic Center, complete the inspection report form, and submit the inspection report to the City of Encinitas Department of Engineering Services. Prior to the submittal of the inspection report to the City, the Owner shall perform an inspection of the Stormwater Facilities, identify deficiencies, and repair and correct all deficiencies. The inspection report shall be submitted to the City once a year between August 1 and September 30. 2. The Property is benefited by this Agreement, and it is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land. Any heirs, executors, administrators, assignees, and/or successors in interest to all or any portion of the Property, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become expressly bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 12 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 3. The Stormwater Facilities shall be constructed by and have Maintenance performed by the Owner in accordance with the term and conditions of this agreement and the plans and specifications identified in approved Grading Plan Number LDEV-016916-2021 which is on file as a permanent public record in the City of Encinitas. 4. The cost and expense of the Maintenance of the Stormwater Facilities shall be paid by the Owner. 5. In the event the Property is subdivided in future, the owners, heirs, assigns, and successors in interest of each such newly created parcel(s) shall be liable under this Agreement for their then pro rata share of expenses reflecting such newly created parcels. 6. The Maintenance to be performed under this Agreement shall include upkeep, repair, and improvements to adequately ensure the Stormwater Facilities are in proper working order as determined by the City. Upkeep, repair, and improvements under this Agreement shall include, but are not limited to, repairing access roadbeds; repairing, preserving, and providing improvement for the upkeep of drainage structures; removing debris, sediment, oil, grease, and other pollutants as determined by the City; perpetually preserving adequate groundcover and/or other erosion control measures within the Property in order to prevent erosion; and the management of materials, pollutants, and hazardous waste to prevent pollution of the stormwater system or Municipal Separate Stormwater Sewer System (MS4) as referenced in local and State codes. Upkeep, repair, and improvement shall also include other work necessary to repair and preserve the Stormwater Facilities for their intended purposes as well as the restoration of the Stormwater Facilities following any non -permitted modification. The restoration shall be as required to restore the Stormwater Facilities to the condition existing prior to damage or alteration. 7. Any liability of the Owner for personal injury to any worker employed to provide Maintenance under this Agreement, or to third persons, as well as any liability of the Owner for damage to the property of any third persons, as a result of or arising out of Maintenance under this Agreement, shall be borne by the Owner. 8. Owner shall jointly and severally defend, indemnify, and hold harmless the City, City's engineer, its consultants, and each of its officials, directors, officers, agents, and employees from and against all liability, claims, damages, losses, expenses, personal injury, and other costs, including costs of defense and attorney's fees, to any contractor, any subcontractor, any user of the Stormwater Facilities, or to any other third persons arising out of or in any way related to the use, Maintenance, or the failure to provide Maintenance for the Stormwater Facilities. This Agreement imposes no liability of any kind whatsoever on the City and the Owner agrees to hold the City harmless from any liability in the event the Stormwater Facilities fail to operate properly. 9. Nothing in this Agreement, the specifications, other contract documents, the City's approval of the plans and specifications, or the City's inspection of the work constitutes an acknowledgement of any City responsibility for any such item or the material contained therein, and the City, City's engineer, its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 10. The Owner shall provide access to the Stormwater Facilities within the Property to the City's inspectors, employees, agents, and contractors within 48 hours of receipt of a written notification by the City. The access shall be provided unconditionally and without any obstruction, interference, or hazard. Any animals kept on the Property shall be secured outside of the area subject to the City's inspection. 11. The Owner hereby grant permission to the City, its authorized agents, and its employees, to enter upon the Property and to inspect the Stormwater Facilities following a 48-hour notice whenever the City deems necessary. The purpose of inspection is to evaluate the condition and performance of the Stormwater Facilities, to follow-up on reported deficiencies, to respond to citizen complaints, and/or to comply with State and City requirements for City inspection of such facilities. The City shall provide the Owner, with copies of the inspection findings and a directive to commence with any repairs deemed necessary. 12. In the event the Owner fails to preserve the Stormwater Facilities in good working condition as determined by the City Engineer, the City, its agents, employees, or its contractors, may enter upon the Property and take the steps deemed necessary to correct deficiencies and shall charge the costs of such repairs to the Owner. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds for attorney's fees, administrative costs, contractors, employees, consultants, materials, or other costs in the performance of said work, the Owner shall reimburse the City in full. Such reimbursement shall be due within thirty (30) days of receipt of a notification for all costs incurred by the City, including any administrative costs and attorney's fees. If said funds are not paid by the Owner within (30) days, City reserves the right to take legal action for cost recovery and to file with the County Recorder of San Diego County an assessment lien on the Property. It is expressly understood and agreed that the City is under no obligation to perform Maintenance of said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 13. The terms of this Agreement may be amended in writing following the Owner's request and upon written approval by the City Engineer. 14. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS HEREOF, the parties have executed this Agreement. OWNER: Sanzo on Behalf orRoncho-Coastal ane Society, a Catania Corporation Print Name g-Z�- a2Z Date Title SEE ATTACHED NOTARY CERTIFICATE Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS: ill T. Bankston ity Engineer Development Services Department City of Encinitas 'T/z7/Z-z Date ALIL=?URPOSE 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 `�� SS. On before me !r`0g I"`fit Mr'1 , Notary Public, DATE personally appeared , 1� \\ —T, —K3 (kr) k53 Q') , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)are subscribed to t within instrument and acknowlOged to me that he/she they executed the same in t heir authorized capacity(ies), and that by his/ er 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. SIMON 'fin o NOTARY PUBLIC344 CAU ORNIA N N SAN DIEGO COUNTY — I certify under PENALTY OF PERJURY undel the e� Mr Cowu. EXP. JtMY 27, 2o2s -A 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) INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ATTORNEY -IN -FACT GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT f- THUMBPRINT OF r SIGNER o a 0 APA01/2015 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRA INSURANCE IT ._ke, 1111141M,111201 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 26 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. 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. Signature (Seal) Omar Kalasho --1COMM' 2389984 at) NOTARY PUBLIC—CALIFORNIA San Diego County 11 C01:61 tn�ln"ES 1/9/2026 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: PARCEL A: 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 0038'30" 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 8°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 OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERLY LINE AS 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 85020'56" 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 ALONG SAID NORTHERLY LINE SOUTH 88°56'26" EAST, 802.66 FEET FROM SAID POINT OF BEGINNING. 2 T49941 5 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 1N 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 1016'53" WEST, 89.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NUMBERED COURSES (1) CONTINUING ALONG LAST SAID EASTERLY LINE, SOUTH 1 °16'53"WEST, 317.31 FEET; (2) LEAVING SAID EASTERLY LINE, NORTH 29°02'46" 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). PARCEL C: 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 89°35'30" 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 53031'51" 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 1016'53" WEST, 256.68 FEET TO THE POINT OF BEGINNING. -9_1allA 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 1016'53" WEST, 89.48 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 86°14'59" EAST 11.08 FEET; THENCE NORTH 79°44'58" EAST, 203.96 FEET; THENCE NORTH 85020'56" 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 89007'57" 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 00°52'15" 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. PARCEL E: 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 4027'16" 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 1030'17" 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 89007'57" 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. J-\ Zy:41Kr>F 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 89021'04" 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 00038'56" WEST 31.58 FEET TO THE TRUE POINT OF BEGINNING. END OF LEGAL DESCRIPTION -7- EXHIBIT "B" RANCHO COASTAL HUMANE SOCIETY BMP TYPE, LOCATION AND DIMENSIONS PROJECT BOUNDARY _ ! - - =a= ---------- — --- ----� PVT. DRIVE "A" jV�-ma =■ram ' i i /oo 00/ '.. !0o_ /00_0 0000o0 ° 0BFil�."o°°° 0°°o° °°°° 0°0 909090909090° 0000 00 °o °000°o°°o 0°0000°0° 0°0 00°° // / ✓/ %/ / 0 LEARNING CENTER 01 -01 0 ASIN BOTTOM AREA BIOFILTRATION ID NAME STRUCTURAL BMP BIOFILTRATION BASIN: BOTTOM AREA = 809 SF BASIN DEPTH= 4 FT 18" X 18" RISER BOX W( 0.75' X 0.75' GRATE, 3" MULCH, 18" BIOFILTRATION SOIL, 3" LAYER CLEAN &WASHED ASTM NO. 33 FINE AGGREGATE SAND, PERMEABLE LINER, MIRAFI 140N OR EQUIVALENT, 3" LAYER OF ASTM NO. 8 STONE, 12" LAYER ASTM NO. 57 OPEN GRADED STONE I p EX. 30" RCP - 0 B SCALE: 1 "=150' a 0IL U G CO N _W U O� m U� o W zo Q U0 U = C a m X co W Q O w U O = o U z �: E U a� U C m a> C W � � �� rn rn � W mw ou ors W � � � � O z � zQ o 0 W U � z z � � Q �� z w zo } ~ Q m O z J Q � 0 O Q 1— O