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Home My WebLink AboutMS 01-03; THE COVE; Engineering Application( . / f . > l ~ «: ......... ~ ............................. ; ...............•. ,:: .......................................................................................................... ;.'............... ~ f,.} AUG-14-2002 WED 10~40 ~LSBAD ENGINEERING FAX NO. 602 1052 P. 02 . -I " .. ' PROJECT NAME: ,., a+ x.... eve.. . DATE: . ~11S'Jo?-. PROJECT OESClUPTION: ~ u J7 ; 'f-4; f);:' La Wf fit I VHe -:;1... s -Fe yo I es 'k ~.~ ~ up CO-/2-. , @:steMen ~5D?{6 . PROJEc:r ADDRESS: " a 0 v <k' ]) t /Y:-f> LarNO{S).: ~ I t f61,MAPNO.: 5'102-' APN(S).:')crJ-/6D-1N .t' 2t!7-1'W.-Ie 7 NUMBER OF LOTS: NUMBER Of ACRES: OWNER: ~ APPIlCANT; . Maflfng Address: 0 ~ MaRing Address: Stf'\Q~o, ell;. ~/.?:6 Phone Number: eS"'8 -5;)../ -~ Phone Number. Fmc Number. Fax Number: . (;-Maili. -hny,de«(!>;$4n. y-y-, CD~. E-MaIl: -/r:Jnyd~@$an, rr. CQ 'l'n , I cemrv thIt I am.the IagIII owner and that aI·the..,.,. Inf'ormIUon Is arue and aIITIId: to the belt tA mr knawIedge. Signature: I.. : <if/sjo'V' , Signature: Phone Number: f_Number. E-MaIl: State Reglstriltlon Number: stJtte Regisbatian Number. C.F4 13'-1D ADomOlW. COMMENTS: JMPROVEMENTVAWAnoN 1. What water distrktls the papa&ad proJect IociItIId In? (chedc one) J(CarfSbad MlBIidpal W..,.OIsb1C:t ~ OvaftedIDs . ~. If in the CartsbId MUllfdpal Water 0istriGt, whit Is the ttQl a.15t estimate, inclUdIng the lS!(, contIngenc.y tee, for ..... anct 1'tIdIII ......... ~ ...... (for~ MURIc1peI w ... Dlstrictonlr)' ~ puIIIIr:(medIIn) IlridKape ..... ~ anctdrainage~. (If applc:abfe)?' $' _ GRADING QUAN liliES 1111 __ remedial Cf mpolt __ expc.lIt-- SEE REVERSE SIDE, 'ftfl"W"l,r.'I"_ ..... "'~IPCt ... ......, .. .........,. .... ~ ..... ..,.,. ms ol-03 \ ~ :i:'" .1·iloo:: 14.:j!0ii2·· iiED "i 0 ;'40 ·.SiiOO·EiiiiNEERiilf· ...... ·····FiliCoo:··. iiii2 .. iiisf········ .......... "f "of' .............. . , CRY OF CARI.58AD .. ENCilNllruNG DEPARTMENT L " ,: .. ,:", ,APPLiCATlON-.-: ,:', ,.' " . . ; , ~IN.EIIINi$ ~,atECK . ~~ ... D,riate~,. ~Jf/~~MtiIPP~ '" APPLICATION FOR ( '" all that apply) rl, Adjustment Plat (ADJ) ,0 Certificate d Compliance (eE) 0 Oedkatlcin of Easement (PR) Type: Type: , Type: I - 0 Encorachment Permit (PR) 0 Final Map (FM) [M/Gradlng PJand1ec:k (DWG) o ;..,...~._I""IL PIancheck(PWG) [t Para!! Map (PM) 0 QuitdDrm c:t Easement (PR) Type: Type: "TYpe: 0 RevarsIon to Acreage (RA) 0 street Vac:atIDn (SlV) 0 Tentative Parcel Map eMS) 0 CertItIr:ate c:I Correction «(:COR) 0 Covenant Of Easement (PRJ '0 SubstantJet Confbnnance Exhibit (SCE) 0 Other . ", .. :' ':, .. , ":" -' FOR"CITYUSE'ONLY',::' " : ": . . " .1 ........ ..' PIJCDECf -~ D!POSn'/FIIS COMMUIl'$ : : pm:' i' LD.: NUMBER , " " 'rItS61,-o5 ~/JAJ1.r:'1 ~f3~- fi1F.t9l-D3 I (J Ald,.db f IJ. t-/=t;-- ,-... ,,'.,. ~ ... :. " " .: . . . .', .... : .~:: ~ '" ;' .:~ .. ~ .... ,'.; .... :: ,~ ' .. :_,' • r ~ :', :~ .... ,: ... .. : : ,:', "'. 'RECEIVED' '.'-~ •••• r •••• • •••• .:. '. •• • • '.' AU,~ :',1: S' Z002 00 , • " , . , .~. :. M ~ ... . . . ENGINEERING DERARtMENT ' , -PATE:STAMP . APPUCATON RECEIVED FWitIacI,1f1~ ...... :. ' . · .... -~ An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: Villa at the Cove Project No.: MS 01-03 --~----------------------------~---------------- Document No.: DWG 404-2A, Gr~ding Plan Sheets No.: __ 1 _________________ Tmough: _5~ ______ ~ ________ _ DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of this project as defined in Section 6703 of the Business and Professions Code and have found the project to be in substantial compliance with applicable codes and standards. Review of this project does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. PBS&J 175 Calle Magdalena Encinitas, CA 92024 (760) 753-1120 Signed ~ iL. U U Charles R. St. John, R~E C57649 Expiration Date 12/31/05 P,ROJECT REVIEW COMPLETION. doc Date 175 Calle Magdalena. Encinitas, California 92024. Telephone: 760.753.1120· Fax: 760.753.0730· www.pbsj.com ., • • An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and are recommended for approval: Project Name: Villas at the Cove Project No.: MS 01-03 Document No.: Parcel Map, PM 01-03 Sheets No.: 1 . Through: 3 --~--------------------------------------~ DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of this final map as defined in Section 8703 of the Business and Professions Code and determine that these documents are found to be in substantial compliance with applicable codes and standards. Review of these documents does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. estor G. Ramos, RC Expiration Date: 6/30/06 PROJECT REVIEW COMPLETION. doc PBS&J 175 Calle Magdalena Encinitas, CA 92024 (760) 753-1120 175 Calle Magdalena • Encinitas, California 92024. Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj:com PARCEL MAP GUARANTEE GuaranteeNo. 33050236 Dated: APRIL 8, 2003 Subdivision: U52 at 7:30 AM Fee: Map No. CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding that, accordipg to those public records which, under the recording law, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under' the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. . Issuing Office: 925 "B" STREET SAN DIEGO, CA 92101 (619) 239-6081 Fax: (619) 544-6275 Authorized Signature PMG-10/28/II!5AA CHICAGO TITLE INSURANCE COMPANY John Rau PreSident By: Thomas J. Adams Secretary (no or-o~" , ., Order No: 33050236 -U52_ , Dated: April 8, 2003.., at7:30 A.M. LPNO: Subdivision: Fax Number: (619)5ff-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: OWRBRS: JJL ENTERPRISES TROST DBBD HOLDBRS: NONE BASBMBRT HOLDBRS: (1) THE SIGNATURE OF SAN DIEGO GAS &: ELECTRIC COMPANY, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED MARCH 17, 1967 AS FILE NO. 36713 OF OFFICIAL R~CORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF JANSS CORPORATION, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED AUGUST 31, 1967 AS FILE NO. 132055 AND OCTOBER 18, 1967 AS FILE NO. 161067, BOTH OF OFFICIAL RECORDS OF 'SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE ~S NOT REQUIRED BY THE GOVERNING BODY. SUBDIVA -12/'1:2/88 Page 1 Order No .. 33050236 DESCRIPTION PARCEL 1: (APB. 207-150-66) LOT 21 OF SHELTER COVE ON THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 5162, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 23, 1963. EXCE~TING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW . A DEPTH OF 500 FEET FROM ['HE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY. PARCEL 2: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO couNTY, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND. PARCEL 3: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST 5, 1966 AS FILE NO. 127577. THIS EASEMENT SHALL TERMINATE AS TO ANY WHARFAGE AREA WITHIN LOT 21 AS SOON As CONSTRUCTION OF ANY WHARFAGE FACILITY IS INITIATED THEREIN SUCH WHARFAGE AREA, TO WHICH REFERENCE IS MADE IN THE PREVIOUS SENTENCE, IS ANY ONE OF THOSE DELINEATED IN EXHIBIT nBn ATTACHED TO AND INCORPORATED IN THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS MORE SPECIFICALLY DESCRIBED ABOVE. PARCEL 4: AN EASEMENT OVER THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF SAID TRACT DESCRIBED IN ~ NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREA ~6 AS DELINEATED IN EXHIBJ;T nBn ATTACHED TO AND INCORPORATED IN THE ABOVE REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID EASEMENT TO BE FOR THE EXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND USE A WijARFAGE FACILITY PURSUANT TO SAID DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE. PARCEL 1A: (APB. 207-150-67) LOT 22 OF SHELTER COVE IN THE· CITY OF CARLSBAD, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 5162, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 23, 1963. EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT • Page 2 Order No. 33050236 OF SURFACE ENTRY. PARCEL 2A: DESCRIPTION A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND. PARCEL 3A: A NON-EXCLUSIVE EASEMENT AND RIGH~ OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND I BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST 5, 1966 AS FILE NO. 127577. THIS EASEMENT SHALL TERMINATE AS TO ANY WHARFAGE AREA WITHIN LOT 74 AS SOON AS CONSTRUCTION OF ANY WHARFAGE FACILITY IS INITIATED THEREIN SUCH wHARFAGE AREA, TO WHICH REFERENCE IS MADE IN THE PREVIOUS SENTENCE, IS ANY ONE OF THOSE DELINEATED IN EXHIBIT nBn ATTACHED TO AND INCORPORATED IN THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS MORE SPECIFICALLY DESCRIBED ABOVE. PARCEL 4A: AN EASEMENT OVER THAT PORTION OF THE ABOVE REFlj:RENCED LOT 74 OF SAID TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CAL;IFORNIA, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREA 22 AS DELINEATED IN EXHIBIT nBn ATTACHED TO AND INCORPORATED IN THE ABOVE REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID EASEMENT TO BE FOR THE EXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND USE A WHARFAGE FACILITY PURSUANT TO SAID DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE. Guarantee No. :33050236 Dated: JULy 14, 2003 Subdivision: - PARCEL MAP GUARANTEE U52 Fee: at 7;30 AM Map No. CHICAGO TITLE INSURANCE COMPANY a corporation, herejn called the Company GUARANTEES The County of SAN DIEGO and any City within which said-subdivision is located in a sum :n.ot exceeding that, according to those public records which, under the recording law, impart constructive notice of matters affecting the title to· the land included within the exterior boundary shown on the map of the abqve referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. . Issuing Office: 925 "B" STREET SAN DIEGO,CA 92101 (619) 239-6081 Fax: (619) 544-6275 10/26/95AA CHICAGO TITLE INSURANCE COMPANY John Rau President By: Thomas J. Adams Secretary ,< • Map No. Subdivision: SCHEDULE A Guarante~ No. 03.305023·6 U52 The map hereinbefore referred to is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: PMGDIVA-10!26/95AA CHICAGO TITLE INSURANCE COMPANY '-,Policy No. 33050236 -U5e e. Page 1 DESCRIPTION PARCEL 1: (APN: 207 -150-66)· LOT 21 OF SHELTER COVE ON THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, Stat~ of California, ACCORDING TO MAP THEREOF NO. 5162, FILED IN THE OFFICE OF THE COUNTy· RECORDER OF SAN DIEGO COUNTY APRIL 23, 1963. EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY. PARCEL 2: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEH~CULAR INGRESS AND· EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT, OVER LOT ~5 OF THAT TRACT DESCRIBED IN MAP 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORD.ER OF SAN DIEGO COUNTY, ON APRIL 2~, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN· WITH THE LAND. PARCE.L 3: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVER· LOT 74 OF ~T TRACT DESCRIBED IN MAP NO. 5162, ~CORDED IN THE . OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY., CALIFORNIA ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTEC~IVE COVENANTS RECORDED AU~UST 5, 1966 AS FILE NO. 127577. THIS EASEMENT SHALL TERMINATE AS TO ANY WHARFAGE AREA WITHIN LOT 21 AS SOON AS CONSTRUCTION OF ANY ~FAGE FACILITY IS INITIATED THEREIN SUCH WHARFAGE AREA,· ~O WHICH REFERENCE IS MADE IN THE PREVIOUS SENTENCE, IS ANY ONE OF THOSE DELINEATED IN EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THE DECLARATION ·OF RESTRICTIONS AND PROTECTIVE COVENANTS MORE SPECIFICALLY DESCRIBED ABOVE. PARCEL 4: AN EASEMENT OVER THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF SAID TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DtEGO COUNTY, cALIFORNIA, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREA 26 AS DELI~EATED IN· EXHIBIT liB" ATTACHED· TO AND INCORPORATED IN THE ABOVE REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID EASEMENT TO BE FOR THE EXCLUSIVE. RIGHT TO CONSTRUCT, MAINTAIN AND USE A WHARFAGE FACILITY PURSUANT TO SAID DECLARATIO~ OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE. PARCEL 1A: (APN: 207-150-67) LOT 22 OF SHELTER COVE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 5162, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 23, 1963 . . EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY. .. • -.: Policy No. 33050236 •• Page 2 DESCRIPTION PARCEL 2A: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAp· 5162, RECORDED. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON APRIL 23, 1963, WHICH EASEMENT IS FOR_THE BENEFIT OF AND APPQRTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH .THE LAND. PARCEL 3A: A NON-EXCLUsIvE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVE~ LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON APRIL 23, 196~, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APP~TENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST 5, 1966. AS FILE NO. 127577. THIS EASEMENT SHALL TERMINATE AS TO ANY WHARFAGE AREA WITHIN LOT 74 AS SOON AS CONSTRUCTION OF ANY WHARFAGE FACILITY IS 'INITIATED THEREIN SUCH waARFAGE AREA, TO WHICH REFERENCE IS MADE IN THE PREVIOUS SENTENCE., IS ANY ONE OF THOSE DEt~NEATED IN EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THE DECLARATION OF RESTRICTIONS ~ PROTECTIVE COVENANTS MORE SPECIFICALLY DESCRIBED ABOVE. PARCEL 4A: AN EASEMENT O~R THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF SAID TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREA 22 AS DELINEATED IN EXHIBIT "B'" ATTACHED TO AND INCORPORATED IN TaE ABOVE REFERENCED DECLARA";['ION OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID EASEMENT TO BE FOR THE E~CLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND USE A WHARFAGE FACILITY PURSUANT TO SAID DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE.