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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