Road Construction and Maintenance Agreement 2000-0264686
':,0'
"
,
-. (t
: ,;{. "./.Recordl'ng
..,'(,.
'.;"
,requested
b.
)
)
)
)
- )
)
)
)
)
)
)
)
)
DOC . 2000-0264686
'H
i.. ~
'.- ~.'
p,8
p(,L,
\~
CITY OF ROWAY
MAY
200b
22,:
8:34
,
I
. I
AM ..;,1,' I
'':';'1
" '
.,'C,.. I
,. I
"
.:!' ,
, J
!
~ i
,
,.~ ..~~.,'r-:(\:
"
i
...~ATt~r') ~~re)::o'r,4:i;rrg" :,rt=~~~4'r:n .to:
OFFICIAL,RECORDS
SAN DIEGO COUNTVRECORDER'S OFFICE
lMGORV J. SMITH, COUNTY'RECORDER
FEES: 40.00
CI-H. CLERK:
CiTY' 'oF R,bWAY
P'. o. I!O X" j'fl5
POWAY, CA 92064
For recorder's use only
ROAD CONSTRUCTION AND MAlNTE~ANCE AGREENENT
The purpose. of .this Ag'f'eiement is,to provide ad'eq'ua't'e roadways
wi"thin'the City .of Pciway' a'rid maintenance' of' same. This Agreemerit
is executed by the parties herein as a'.cond'1'tion of approval by
the City of Poway, to a' deve1>opment project as defined in Section
21065 of the Public ResoliicesCode' and ,w.ill co'ntinue in perpetuity
as a covenant upon the property described her~in, The standard
for,improvernent will be, that ,standard set forth by the Poway City
Council, If no standard is specifically set forth by said Council
as a condi tion, of approval of the proj ec t, said ,st'andard will be
those set forth by the regulatory ordinances of the City of Poway.
The constr.uction described herein shall be accomplished prior to
final approval of the project herein by the City of Poway.
WHEREFORE, the undersigned agree as follows:
1. PARTIES AND PROPERTY. The parties hereto are those property.
owners who have execut'ed, or ,in the future execute, this Agreement.
The~ity of Poway shall not'be deemed a party hereto, but shall
be deemed a beneficiary. The realty held by each party is identified
by tax parcel number adjacent to the signature of said party. The
legal description of the parcel upon which the project is located
is set fo~th in Exhibit ~IA", at~ached hereto and incor.porate~ herein.
The' statu's of property for all purposes (Le. ,improved, unimproved,
etc,) shall be detemined as of the first Nonday in March of each year',
2, ROAD. The .roadway shall be tha t roadway established by
the Cityof':Poway as the ro~dway best suited to provide access for
the City. emergency vehicles and/or City proj'ects (water, sewer,
etc,). The location of said. roadway .shall b'e witllin th" sole descretipn
of the City of Poway as a ~onditionof a~pro~al of th~"de~elopment
project. The description of the road which is the subject"oI this
Agreement is attached hereto as Exhibit "B" and .made a part hereof.
('3/84 )
Page 1 of 7
')
---
,
"l
,
,
"
,
;
r
.f
1
q;
.;.
;,1;
...-...-...."....
'" ." .
o 3, CONSTRUCTION AND ROUTINE, MAINTENANCE. The cast 'af canstructian,
capifalimpravements and/or rautine:maint,!_nance re'sultingfram ardinary
wear and tear, sha~ll b'e borne by theparti'e'sin accardance with the
fallawing fo.rmuTa.:
a. A,pr:{vate, "pad n'o.t 'pro.viding, a~ce,ss ,t'o public road,s in
Dath direct,i'o.ns isanalagous to any road terminating in a cu__l'-de,
sa'c. Un.der ~uch cand:it'i'ons, praperty owners nearest~ the sole public
access r:,oa'd .will not have o7cassion to. use the 'fuTl ecitirse of said
p"ivate -road. Given s^u~h: c1r:cumstances, fairness ,dIctates: that only
those prop'erty owners ,:coriimonly traversing a porfion of the private
r.oad shall be made to bear, the cost of niaiiitaining that Portion
'of the ~oad. Therefore, cons,true ~ion., improveIl!en t and niain tenance
costs of portions' of the r:o.ad :us~ed oniy by' certain persons, because
situated further from, the road entrance an<:1 bi.y6rid the property
perimeters o.r 'boundarieS of o.ther parties, shailbe. borne only by
those pa rties.
b. Construct.ion;improv'emeiit and/or maintenance of the road
by allpart'ies who. us'e ,the' raad in camman .shall bea11acated in'
accardance 'with the fallawing paint system:
:~
,
'I
j
(1) Each party au'tamatically is allacated' 10 points by
. virtue af ownership af any size af und',eveloped land
to. which access, fs provided by the raad,' far each
acre,af 1a'nd (rounded to the nearest acre) 1 point
shall be allocated.
,
(2) For each'aq',e (rounded to the nearest acre) of land
developed, fo.r grove use, an additional point shall
be alloca ted'".
(3) For a residential structure or recreat,i'onal structure
,which is ,used no~ more than 30% of the time, 10 addi-
tional points. (Housing for agricultural workers
shall nat be :d'eemed a. "re_sidential structure"'. A
manager's, or' foreman' s.residence shall be deemed
a "'resi'de~tial sttucture").
(4) For a residential structure which, is usedmo_re than
307. of 'the time, .40 additional points ,shall be allocated'.
'~
I
I
I
1
i
'i
I
(5) For, any vehicle 1 ton or over" r"gistered to the
o.wner of any. parcel and used by 'sallie 6,vei any portion
of said road for any period :of: time.. 5 paints .
c, Example 1 o.f the f,o.rmula: 'Assume. that the' ro'ad from starting.
point to. o.wner~ ,A"s 'farthest poundary ofla'nd fr()m said starting point
is 65% of its length; from ~here to B a~4 C's farthest boundary is
35% of its length; from thatpoini:, the end of the road, D's property
begins. A has 20 acres of unimproved land. B has 4'0 acres of unimproved
(3/84 )
Page 2 of -7
I
., ,.,'
"
.
.
, "
land. C: 'has a 20~ac're grove
'10 acr,es of un.improved land.
the entire road for the y,ea,r
the g~te i~ J2,DOO,OO,
wfth a .full-time residence._ D' has
Cost. ;ot,const'r~ction (or repair) of
in question i~, ,$10',ODO.00; rel'air of
'B
40 ac
D
10 ac
ROAD
A
20' ac
c
20 ac
,Solution to Exam~le: (see graph)
'Cost p.fthe gateancl 657. of the road is ;;hared by all. 357.
of the, 'road cost' 1's' shilre,r only by B. C, and D. Ril tjo of sharing
is determined by the following point of allocation:
Owner
A
B
C
D
All
l~
10
10
10
Acres Grove Res Totals'
20 30
40 50
20 20 40 90
10 .20' ,-
Total Points 190
(657- of road, 'and ga tel
or $ 1342.10
or $ 2236.84
or $ 4026.31
or $: 894.75
As to $8. 500 at the' cost:
A pays 30/l90ths
B pays 50/l90ths
C pays 90/l90ths
D pays 20/l90th~
As to $3,500 additional cost,: (35% of road)
B pays 50/l60ths
C pays 90/160ths
D pays 20/l60ths
or
or
or
$ 1094.00
$ 1969.20
$ 437.60
d, Example 2 of the 'formula: Assume the 'road is a through
road'. That,: ,i~',; i't 'rnery' be traverse:4 ,i!! bQ,t_h di-rections
by anY, abilttin'g pro'pe'rty owner. Assume the same status
of the propertY' for point purposed as' in EX<jmple 1.
B
40 ac
D: 10 a c
'"
A
20. ac
'C
20 ac
I
I
i
,
I
i
I
I
I
ROAD
(3/84)
P~ge 3 of 7
1
I
I
I
i
!I I
,':;"'1
. ~ ~',
I
,
i
.'
.
Solution to Example: (see, graph)
.
::,
Cost of. entire road constilJctionts shared by all. Ration of
sharing is determined as follows:
Owner All Acres
A 10 20
B 10 40
C 10 20
D 10 10
'.Grove
Res
TO,tals
40
30
50
90
20
190
20
Total Points
As to the $12,000 cost:
A pays 30/l90ths
B pays 50/190ths
C pays 90/190ths
D pays 20/190ths
or
or
or
'or
$ 1894.73
$ 3158.00
$ 5684.40
$ 1263.20
4. EXTRAORDINARY, 'DAMAGE. I t shall be the obI iga tion of each
party ,hereto to make and'p:ay for all repairs to road, and to all related
s true tur.es (drains _ "gu.tters, ga tes, fences, ete.) when the sal11e have been
damaged by the extra ordinary use of such party or his agents or employees.
Examples of extraord'inary use' are damage caused by ;tractor type vehicles
and damage caused by heavy equipment (1 ton or over) such as migQt be
used during construction of a residence. Ordinary use of said road will
be for passenger vehicles and light truck (3/4 ton or less) traffic. Or-
dinary wear and tear or ordinary use shall be tha t; gradual and over a
,period wearing caused by such ordinary use. Extraordinary use is Causing
immediate damage with any vehicle or any damage caused by a vehicle not
defined within ordinary use traffic.
5. INITIATION AND MANAGEMENT OF REPAIRS.
a, Any system for achievement of repairs and payment of
costs which, in the year ~n q~~stion. is agte~ab1e to the majority
of parties, shall be th~ system utilized.
b. "Maj?ri ty" is any group of landowners holding 517. or
more of the "po'ints" as caTculated in Paragraph 3. They may initiate
arid manage a program of road maintenance, 'or ;main:t~nance and repai:-~
of related facilities; such as gutters" gates,. etc; The time and effort
expended by parties hereto in such management shall not be compensated'.
All other costs incurred shall be shared in accordance with the above
formula.
c.
tenance 'shall
purporting to
Achievement of the mini;;lIm 517. concerisu's respecting main-
be evidenced by a written statement, .signed by parties
consitute such representation. A copy of the written
0/84 )
Page 4 of 7
'.
i
I
I
.1
I
!
'i,
.,
.
!
I
stateme'nt'shall be ,sent to the address'of e,!cl1 party, as shown on the
lates t uix- assess'or's' roll, -a t 1eas.t ,two', ,weeks prior to the coimnen'ce-
roent of 'anywgrk or the incurring of any 11lain.tenance costs,
I
,
l
~
~
,
I
,
I
,
.6" ADMIN~STRATlONOF:.' COSTS; The P.roj:>erty 'owner. "r own'ers
initiating,'repai,rs ,or capital, improvements shaTi:.be in charge pf ,making
the payments' required for the work of improvement.. It shall be incumbent
upon all 'propertyowners to" contribute to the general fund to be used'
for maintenance .orcapic1l1 improvement in accordance with the point
compu ta t:f:ons ref erenced above. After the :ac tua1 expenditure of fund s,
by any owner or group of owners ,such' par,ties shall be, ,entitled to assess
all other parties t.o this AgreeTIlent in, accordance 'with the formula
set ,for,th above. Sa'id as's,'-ssment 'notice shall clearlyspecHy the
expenditures, the ,purpose for same, and the method of calculation.
Up'on reS'e~:tpt o~ aI}Y' such notice of. asses,srnent;, .."'the assessed property
owner shall have ten days in, which to. dispute ,the assessment. Failure
to resoi'vethe. disput,e sha11 be' remedied by arbitration as set forth
hereunder. Omission b,y ariy,'assessed property .owner t'o give notice
in writing within the' ten days, of his dispute of the assessment, shall
conclusively be deemed his consent to same. When .anyassessment shall
have become' final" .it shall ,be due within 20 days of that date. It
shall be an obligation collet.tihleby law through a11 legal process.
1
,
.f
!
,
~
. ~:
(
.'
7. ARBlrRAnON. Any disput'e among any of the parties to
this ,Agreement respecting.~th'e inter.pretation of the Agreement or the
application 'of any of its terms or the action takeri bi:any party in
accordan'ce therewith, shall be settled' by arbitration pursuarit to the
Civil Code.
. ~
8. FINDING. The '"City of Poway finds tha,t fa:ilure to maintain
private road to standatdsprescribed by' law a'dverse'iyimpacts upon
.the health, safety andwel'fare of all residents there'of. The City.
further finds that inadequately maintained private roads present potential
hazards ,to emergency vehic'les and other vehicles in the course of
City business and as such aYe a public nuisance.
i
!
a.. Therefo.re" if, in the City's sO:le judgment said private
road has not been mainta'ined: fo 'specifications set forth pursuant to
City, Ordinances or other .standards ,applicable to this Agreeme'nt, the
CHy wiTl thereupon provide'written' notice .to. all parties :to this Agree-
ment to ,initillte repairs' or construction'I:Iithin thtrty (30) days.
Should said parties fail to demonstrate' good: ,faith to make ,repairs
or constnid.io'n at the expiration of' the thirty (30). d,ays the City
is fur,therempowered by this Agreerrent to make all nee'ded repafrsto
said roa,dand!or',construct. said road to meet, current City standards
then est:ab'lisl1edby the P.oway City Council as stancjards, for the herein-
described road"and to, then'. assess cost's to' a'll property owners to
this Agreement. Such assessment will be established in conformance
with the point system contained herein.
i
"
,
!,
,
b. Any property owner failing to make payment to the
City fo~ costs incurred pursuant to Sectio~ (a) within sixty (605 days,o~
I
I
"
..
'(3(84)
Page 5 of 7
,';
rece,iptof.abHl.'from the Cft)' '~l1aU De deemedttn: material breach.
of the agreement. The City sh.a1~ thei'eupon be. entitled to commence
litigation in any court of competent jU,risdiction for the recovery
of all .of said costs. In the evint of such lit,igationthe City .shall
be further entitled to the recovery of i'ts ,at.torney fees ana legal'
cas ts Te~_~S)D~bl.y~' inc-urred thereirl, '-
C. Prope_rty owner(s) shall, indemnify and hold harmYess
City,,-city'.s Engineer, and their consultants: and each, of their officfals,
dir'ectors" officers, agents and employe,es fr()1ll 'and against all Hability,
claims, damages, losses, expenses, and other c'osts, including .c'os ts
of defense and attorne'y,os fees, arising'out of, 'or'Fesulting from or
in connection with the performance of the .work, li'oth on and off the
jOb-site, and during and after' completion, provided' that any of the
foregoing': 1) is attributable to bodily fnjury, sickness, disease'
or deifth) ,or to injury to or destruc,tion of proper_ty including- the
loss, of use: ,resultfng therefrom, and 2) fs caused in whole or i'n part
by any. act or; omi~ss--i~on of property oWner) any cq~trac'tor, any' s~b-
contractor:,any supp1ier, any,one directly or in'directl)' employed by
'any of them,' or anyone' 'fo:r whose acts or 'omissions any of them may
be lrabIe. Nothing ,in, .the Agreement, the ,specifications or other.
contract, 'documents"or City's approval of the: plans and specifica'ti:ons
or insjle',ction of the 'work is intended to include a review, inspection,
acknowledgment of a' resp,onsibility for any. such matter, and City, 'City's:
Engineer,and their'.consultants., and each of their off.icia1s, directors!
officers, empl~yees 'and agents, shall have absolutely no responsibility.
or liability therefor.
d.' If City 'i's required to make necessary road repairs in
accordance with. .subparagraph (a) above, said work sha'll be without
warranty' to prOperty owner, .hfs agents or assigns. Said repair shall
be accepted "as i's'" by said property owne'rs without any warranty of
workmanship. Said repair shall be guaranteed and indemnified,by property
owner in accordance wit-h subparagraph (c).
9. 'CO:VENANT RUNNING MITH LAND, 1:hi's .Agreement shall be
deemed and is .ifit'eilded.,to, run with: the. land and De'. a restrictiol}
upon said pro,perty:, shall be, binding upon ''!n,d inure to
the ',benefit of the. under.signed ,. his/her/their. heirs, personal
representatives:, s~cc.es'sof:S, .and assigns, forev_er or 'unt.il ,such time
as the said, pr'iva te' 'road sh"l,l be dedicated to. and a.ccept'ed for use
as a public 'str~'e't'or thoroughfare by' municipal, i~vernement lawfully
exercising iurisdiction~ver ~aid private road,
10,. RECORDING OF AGREEMENT, It ist]le"purpose of the signa-
tors hereto, that' this in'StTument be recorded to the. end and intent
thai: tbe ,obligation ,hereby' .created shall be' a r'"striction upon .and
shail b'" sec'ured by the, sa'id, property, and any subsequent transferee
thereof, by acceptance 'of delivery of a d'eed 'al]dlor conveyance of the
saidproper,ty shall be deemed to have, consented to and become bound'
by these present's, indudIng with'out l'imitation, the 'righ'[: of any
(J i 84)
Page 6 of 7
Tax A.,ssesso'rs Numbe~.'1.\ ,~,1,11 -1'-l,1)jDate:.. ~ ~ CO
t)o......"c~. .""ec...;..,.JG. p,.j~,~1'l-\~~(..l,to" MeUlYY"~ 1ttt,-J~1. I.'V'oJ ,.c.. "'f llOf'(,O ~"..1.il, ''1,t
Ol-lNERSJ /C,;J4<- D {" !J2&HIIAl (_ j~l-L1L-~v;-,.~__.._
Type or Print T1t.lsree' Signature /
iKflIHU::'~fY Ii, l1iECHu/.1I& . 4L,L{LLl~-,t; .1lL{ (' ~
Type or Pont TIl.4.l \ rel!. Slgndture , J
(Notary ,Acknowledgmentattach'ed) (Each owner sl10im on Grant Deed must sign)
'.~'!<.
. " .',
per,son entitled to force the terms of this Agreement to enforce' the
restriction ther,ein created, such remedy ',to be cumulative and in addition
to a'.il other remedies at 'la'w or, in, equity,
';.j
11, ,SUBSEQUENT USERS. 'In' the event, that a. party (parcel)
not originally'contemplated'by this'l~greement gains access .to said
'private road, tha't party (parcei.) shall'be, required to subscribe to
this Agreem'ent, Should. any parcelcontemp~ated by this Agreement be
split into multiple..parcels (two or mor!) each newly created parcel
shall -thereupon be 'obliged under this Agreement and incur its portion
of maintenance costs .as set forth by the point system herein,
IN HITNESS WHEREOF, the'panies hereto have executed this
Agre'ement. on ,the dai:esset forth hereinafter:
"
Tax Assessors Number ~1.1 - oz.11 - ~"'Date:
OwNERS e,~,. M~.J W~ ,Jr.
Type or Print
~cd- ~ W,kN\~'
Type or Print
<Vt cf!~
~ ;t~L~
. Signature
. '/yvL'#e:<"'Y
Signa tu e '
'(No tary ACknowledgmen tat tached) :(Each: 'owner shoWn on Gran t Deed mus t sign)
IJJDITIO?::.L rARTI[S 011 ATT,\CI![D' 3!l[CT' *
*
*
*
*
*
*
*
*
ACCEPTED:
CITY OF POHAY
,.
Ap
',,,
by
as to form:
..'
" .
":'f'
;. .
(3/8~)
Page 7 of 7
'J',"
r!; ~
,,.
<,;:\f:
. ~1;
n:
;;1
"
i
,
(.
,'.
,~.
n',
~ ~
"
,i
"
,"; J.
.. , ~,.
" ~:;
.,'1
CAL~FORNIA 4LL.PURIPO.ACKNOWLEDGMENT .
State of
l!AUFc:f2I'J IA.
-91cN.. DI~O
County of
OnA?GztL- 3O,;::K::oo before me, f?ACltELL-C L~, N~YY"t-l~
Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared r:bNAi-O !.-, M~UN6i t:; l<;A-~ A, ME:Ot-LJNq,
Name(s) ofSig-ner(s)
~ersonally known to' me
D proved to me on the basis of satisfactory evidence
J - - - - ,- ~;',;t~ - ,
. ~ Can/rIls1sllln /l115SWl
-. NoIc.y PubIIC-CaIifcmIa
i Mt~.~~2lIlj-
t___.:;______.:;:..1
to be the perso~hos.e nam@is@ubscribed to the
within instrument and"~~~,~~~~ to me that ~
executed the same in ' 'uthorized capacit~,
and thatgy ~igmitU~n the instrument the
person~}/or the entity upon behalf of which lhe perso~
acted, executed the instrument
WITNESS my hand and
AtA
OPTIONAL
Though the information below is not required by law" it may prove valuable to,persons. relying on the document and could prevent
fraudulent reinovai. and reattachment of this form - to another document.
Description of Attached Document
Title or Type of Document:~O U::N~C'Tla'-' ~ MAII,n:B\.l.ttNQ7 ~,
,
Document Date: M~ l- --:bJ, ~ Number of Pages: 10 ~-S
Signer(s) Other Than Named Above:~\ ('v~ I t-J wA1eO -:ne-- ~ vV\~~
M~ W/L--St;y\l vV~
Capacity(ies) Claimed by"Signer(s)
Signer's Name: lZN.It\--O L-. M€7 J-tu.~ Signer's Name' )4Ir-7)ti.E-a.J A ' Mt::=otwN et
rtt-1ndividual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top' of thumb here
RIGHT THUMBPRINT
'OF SIGNER
rklndividual
[] Corporate Officer
Title(s):
D Partner - D Limited D Generai
D Attorney"in"Fact
D Trustee
D Guardian or.Conservator
D Other:
.
Top of thumb here
Signer Is Representing:
Signer Is Representing:
.@'1996NationaINotaryAssociation08236RemmetAve., P.O. Box 7184. Canoga Park,CA91309__7184
Prod. No 5907
Reorder: Call Toll Free 1 8008766827
.
.
CALlFORNIAAtL~PURPOSE ACKNOWLEDGMENT
~ ~ ~<<..c<:'.<X..cq..c<"...Q('....c<'.co.c<'.c<'..c<'.....c;'C..c<'..c<'-e<-..c<'-C<'..c<'..c<';('X',(X',b(.',Q('.c<'yC<,'.c<'..c<'-..QC'.cO.c('.c<'..c<'.c<'.Q('A5<'vC<.'..c<',.(j('..c<'-c<'..c<';~-
I,
I
I
County of
SA7\.j OIS'iSlO
} ss,
State of California
On AP'/2-(/- W ,~before me, lZA-mew-s L- FA12J<.6LL rJO'\tt-re-'-I r:"iA' IC--
Date ' Name and Title of Officer (e.g., ~Jane Doe, Notary Public")
personally, appeared
fZDf?;:f'J2:f MfA/IN vJ~ ,),z, ~ rvt~1'rK-er ~
Name(s)of5igner(s) Wi~rJ W~
LvPersonally known to me
o proved to me on the basis of satisfactory
evidence
, IlACHBLE L fMIIEU. .
_. Q..u.AUt9115l14dD .
$ . NaIeIr NIlIc-Ccl1lfan1a
12 san DlegDC:lunI1
MrClanmBlJhsOctl'-ZII1
to be the persoifG? whose nam~
subscribed to the within instrument and
acknowledged to me that ~executed
the same in ~ authorized
capacit~. and that by e
signatur<@pn the instrument the perso s or
the entity upon behalf of which the pers s
acted, executed the instrument.
Place NolarySealAbove
~
tj;
OPTIONAL
Though,the information below is not "required by taw, it mayprove valuable topersons 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: I2rfiD cD/\l5TJe.LiCnQ\J i. MA'INTEN/tNc:.e ~~ '
Document Date:
A?1Zt L-- :::x?.' C)t:.F:f)
Number of Pages: -LO P'1t6l~
,
Signer(s) Other Than Named Above: tA::N/\1_f::> &r~TH-I.F:F1'\J. M FcJTuI~
Capacity(ies) Claimed by Signer !
~igner's Name: ~ \'1 nz-Vlf\./ 'VV/'il'ZO JK , z- ,vl~.
?-\ Individual fV11t:-y:2J(. W I~N W ~ Top ~t thunil; h8re
o Corporate Officer;- Title(s):
o Partner - 0 limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
I'
,",
~~'q(.."G<.;.-'Q<;.~"0<;.'C<)C,,~~
:;0.:,
@ , 999 National Notary ASSociation' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 . WW\l\'.nationalnotary.o'"9
Prod,NO.S90?
Reorder: Call Toll Free : 8008766827
?':
.
.
EXHIBIT "A"
:'1
LEGAL DESCRIPTION
LOIS 1 THR0UGH5 INCLUSIVE0F CITY OF POWAY TRACT NO, 89-01, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIF0RNTA ACCORDINGTO MAP
THEREOF NO 12975; FlLEP; IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY,SEPTEMBER 2 1, 1992,
i
j
.1
I
,
"
I
!
i
!
!
I
'.
, I
. i
",
.
,
,
I
I
;
'I
i
!
..
h
.
.
~,'
, EXHIBIT "B".
LEGAL DESCRIPTION
l
I
I
~
f
'~
'.
i
,
A 40,00 EOOI EASEMENT EORRQAD AND UTILITY PURPOSES,OVERA PORTION oF"
TIiEWEST HALF OF SECTION 8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POW A Y, COUNTY OFSAN DIEGO,
,sTATE OFCALlF0RNIA, THE CENTERLINE OF SAID EASEMENT DESCRIBED AS
FOLL0WS:
,
,
BEGINNING ON THE WEST tINE'.OF SAID SECTlON8"DISTANTTHEREON NORTH
0017' 10" WEST 1304,19 FEET FROM THESOUTHWESTCORNER'THEREOF, SAID
POINT ALSO BEING THE NORTHWEST CORNER QF LOT 5 OF CITY OF POW A Y
TRACT NO, 89"01, ACCORDING TO MAP THEREOF NO, 12975,FILED IN THE,OFFICE
OF THE C0UNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 21,1992;
THENCE EASTERLY ALONG nffiNORTHERL Y LINE OESAIDMAPNQ, 12975 THE
FOLLOWING COURSES'
SOUTH 830 28' 46" EAST 26879 FEET; THENCE
NORTH 51015' 39" EAST 77.82 FEET; THENCE
NORTH 890 29' 43" EAST 193.38 FEET; THENCE
SOUTH 59022' 35" EAST 153,79 FEET; THENCE
NORTH 870 29' 56" EAsT278,14 FEET; THENCE
NORTHW 57' 10"EAST 95,92FEET;THENCE
SOUTH WOfl'03" EAST 99,80 FEET; THENCE ,
SOUTH 790 05' 09" EAST 93.33 FEET TO A POINT HEREINAFT~R REFERRED
TO AS POINT "A", SAID POINtAbSOBEINGTHE SOUTHWESTCORNER OF PARCEL
MAP NO, 13660, FILED IN THEJ0FFICEOF THE COUNTY RECORDER OF SAN DIEGO '
COUNTY FEBRUARY 14, 1985;'THENCE
SOUTH 830 07' 21" EAST 198,80 FEET; THEN,CE., ,. '
SOUTH 780 54' 52" EAST 154.21 FEET TO'THE NORTHEAST CORNER OFLOT 1
OF SAID MAP NO, 12975,
i,
i
i
TOGETHER WITHTHATAO,OOFOOT STRIP OF LAND:0VERTHATPORTION'OF SAID
' ,
. .. .. ,. ---
SECTION 8, THE CENTERLINE BEING DESCRIBED AS FOLLOWS
~i
I
BEGINNING AT POINT ':A'; DESCRIBED ABOVE.; THENCE NORTHERLY AND
- -' -- .'-
EASTERLY. ALONG THE WESTERLY LINE OF SAID PARCEL MAP NO, 13660 THE
FOLLQWINGCOURSES:
NORTH]2O 08~ 56:' EAST,239,65 FEET; THENCE
NORTH 10005' 1'4'; WEST 239,}8 FEET; THENQE
NORTH 60 59' 24" WEST 96.48 FEET; THENCE
,
I
.j
j
.1":< "
~ :.~ .
.
.
NORTH 210 25' 52" EAST 131.24 FEET; THENCE
NORTH W 13' 48" EAST 166,77 FEET; TliENCE
NORTH 3000' 45"EAST 245,61 FEET; THENCE
NORTH 42048'.51" EAST 385,84 FEET TO A POINT ON THE NORTHERLY LINE
OF SAID PARCEL MAP NO, 13660; THENCE CONTINUING NORTHERLY AND
EASTERLY THE FOLLOWING COURSES AS SHOWN. ON CITY OF POW A Y TRACT NO,
81-03, ACCORDING TO MAP'THEREOF NO, 10990,FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JULY 6, .1984:
NORTH 420 49' 56" EAST397,75 FEET; THENCE
NORTH 45007' 08:' EAST 428,28 FEET; THENGE
NORTH.520 54' 18" EAST 99,88 FEET;THENCE
NORTH790 06' 22" EAST 263,60 FEET; THENCE
NORTH 420 47' 26" EAST 166,60 FEET TO APOINT ONA LINE 20,00 FEET
WESTERLY OF AND P ARAJiLEL WITHIHE EAST LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8;IHENCE
, NORTH 30 50' 40" EAST 100,77 FEET ALONG SAID PARALLEL LINE TO THE
INTERSECTION WITH THE SOUTHERLY LINE OF ROAD SURVEYS 472 AND 1713,
KNOWN AS POW A Y ROAD,FILED IN THE OFFICE OF THE COUNTY ENGINEER OF
SAt'\! DIEGO COUNTY.
"
'. .~
;
I
I
,
!
,
THE SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED TO
TERMINATE WESTERLY INIHE WEST LINE OF SAID SECTION 8,EASTERL Y IN THE
EASTERLY UNESOF SAID MAP NO, 12975 AND PARCEL MAP NO, 13660, AND
NORTHERLY IN THE SOUTHERLY LINE OF SAID POW A YROAD,
TOGETHER WITH THAT 40,00 FOOT WIDE STRIP OF LAND DESCRIBED AS
FOLLOWS:
THE EASTERLY 40,00 F:E':EI OFLOT I OF.SAID MAP NO, 12975 AS SHOWN ON
SAID ,MAP AS DOS'AMIGOSROAD, SAID STRIPL YINQ.N0RTHERLYOF THE ,
WESTERLY EXTENSION OF THESOUTHERL Y LINE OF THE NORTHERL Y 40,00 FEET
OF PARCEL MAP NO, 16504,
Mechling - PRMA-B
JNI035
3-20-99
I
t
i
I;
t
I
I
i'
I
I
1~
I'
!
1
,
i
1