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2023-1931DOC# 2023-0001931 III I llill lllll Ill li I II I II I II IIII II I II II III IIIIII) Jan 04, 2023 02:14 PM OFFICIAL RECORDS RECORDING REQUESTED BY AND, ) JORDAN Z. MARKS, WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER FEES: $38.00 (SB2 Atkins: $0.00) CITY CLERK } PAGES: 9 CITY OF ENCINITAS ) 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT A.P.N: 258-241-31 Grading Plan: LDEV-016916-2021 Address: 385 & 389 Requeza Street Case No.: 16-189-MUPMOD/DR/CDP & MULTI-002734-2016 This Agreement is entered into by and between Rancho -Coastal Humane Society, A California Corporation ("Owner") and the City of Encinitas ("City" hereinafter) with reference to the following facts: A. Owner has fee title to the real property commonly known as 385 & 389 Requeza street and more particularly described in Exhibit A, attached hereto and incorporated herein ("Property"); B. Owner desires an exception to the Encinitas Design Manual that generally prohibits use of private sewer ejector pumps, and the City is willing to grant the exception, subject to the terms and conditions of this Agreement, NOW, THEREFORE, the parties, on behalf of themselves, their successors and assigns, agree that the following covenants and conditions shall apply to the Property, subsequent owners of the Property and any portion of the Property, regardless of whether it is divided or sold to one or more owners: 1) Ownership and maintenance obligations of all individual home and private sewer pump stations, force mains, and gravity laterals that serve, or are within the Property, and including the physical connection to the public collection sewer ("private sewer facilities"), shall remain with Owner. 2) Private sewer facilities shall not be dedicated to the City, nor shall the City accept or be liable for ownership or maintenance of private sewer facilities. 3) Owner is solely liable and responsible for design, construction, operation, maintenance, repair and replacement of private sewer facilities. Private sewer facilities shall meet all of the applicable design, construction, maintenance and review requirements of the City and the plumbing and building code requirements of the City. 4) Owner acknowledges that a private sewer ejector pump is typically located at an elevation lower than the public sewer and thereby allows the possibility of backflow of sewage from the public sewer through the private lateral, pump discharge piping, and into the pump located on private property. Owner hereby assumes the risk of any such sewage backflow possibility and agrees that the City is not liable in any such event. To mitigate potential for public sewage backflow into private property, Owner agrees to install and maintain in accordance with applicable City requirements: 1) the private sewer ejector pump outside of any residential structure: 2) a pump discharge check valve for backflow prevention, and 3) an easily accessible and labeled separate shutoff valve on the pump discharge piping. The discharge piping, check valve, and isolation valve shall be rated for a minimum internal pressure of 100 psi, or as otherwise approved by the City Engineer. Owner shall be solely responsible for any and all damage caused by private sewer facility blockage, damage, or failure, regardless of cause, including failure of multi -unit sewer laterals, individual -home and private sewer ejector pump, force mains, and gravity laterals to, and including, the physical connection to the public collection sewer. 5) Owner hereby agrees to hold harmless, defend and indemnify the City, its officers, officials, employees, agents and consultants from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the private sewer facilities, except such loss or damage which was caused by the sole negligence or willful misconduct of an indemnified party. 6) If any legal action or proceeding is brought by either party to enforce or interpret this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding. 7) The covenants in this Agreement shall run with the land and be binding upon all future owners of the Property in its entirety or any portion thereof. AGREED AND/ACCEPTED BY: �di Sanzo on Beho ¢f Rancho -Coastal umane Society, a alifornia Corporation 0- Date SEE ATTACHED (Notarization of OWNER signature is attached.) NOTARY CERTIFICATE APPROVED BY CITY OF ENCINITAS: *A JI Bankston 'Zity Engineer City of Encinitas 134 C1 r- i Z n 04 r-^-e Z%L%_ i Y'� "/ / 2- Date ALA, -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 561� ID � SS. On �� _ 2—S —ZZ , before me, l�Y�C"e--\0- SV m 0 i ) , Notary Public, DATE personally appeared �Y � 1 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name( isi re subscribed to t within instrument and acknowed to me that he/she Y he executed the same in er/ heir authorized capacity(ies), and that by hoer eir signature(s) on the instrument the OF ANGELA A. SIMON Comm, # 2367944 rn R NOTARY PUBLIC CALIFORNIA N SAN DIEGO COUNTY MY Comm. EzP. JuLY 27, 2025 `' 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. 2LL'�-- PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTHONAL 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) ATTORNEY -IN -FACT GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS OTHER: TITLE(S) 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 THUMBPRINT a OF s SIGNER o a a APA01/2015 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM©2005-2017VALLEY-SIERRAINSUItANCE 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. 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. /\ 0tnar Kalasho /% °' \CObthi# 2389984 > ' 1_� NOTARY PUBLIC—CALIFORNIA /'� San Diego County ' W G PM v OIRES 11912026 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: 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 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 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 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. 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 88°56'26" 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 1 °16'53"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). 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 89°04'05" 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 86°14'59" 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 88056'25" 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 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 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 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 INGRESS TO OR EGRESS FROM THE LAND HEREIN COURSE (2) HEREIN ABOVE DESCRIBED. -6- CALIFORNIA AND ALL RIGHTS OF CONVEYED OVER AND ACROSS 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. 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 00038'56" 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 90045'33" 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 00°38'30" 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. END OF LEGAL DESCRIPTION -7-