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2001-039 Quail Gardens Drive Extension Project RESOLUTION NO. 2001-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS FINDING AND DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES AND PUBLIC STREET RIGHT-OF-WAY IN FEE, SLOPE AND DRAINAGE EASEMENT, A PRIVATE DRIVEWAY AND SUPPORTING SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS THEREIN FOR QUAIL GARDENS DRIVE EXTENSION PROJECT WHEREAS, the City of Encinitas is a general law city of the State of California; WHEREAS, in connection with its municipal purposes, it appears necessary for the City of Encinitas to acquire certain public street right--of-way in Fee, slope and drainage easement, pdvate driveway and supporting slope easement, and temporary construction easement interests in certain real properties; WHEREAS, public interest, convenience and necessity require the acquisition of public street right-of-way in Fee, slope and drainage easement, a private driveway and supporting slope easement, and temporary construction easement interests for Quail Gardens Ddve Extension Project purposes ("Project") in the real properties more particularly described and depicted in the attached deeds and Exhibits "A" and "B" thereto; WHEREAS, a Mitigated Negative Declaration was prepared in compliance and adopted on November 15, 2000, by City Council Resolution No. 2000-84; WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; WHEREAS, said real properties, and public street right-of-way in Fee, slope and drainage easement, a pdvate ddveway and slope easement, and temporary construction easement interests therein, are necessary for the Project; WHEREAS, portions of said real properties are being acquired in fee and a pdvate ddveway and supporting slope easement intere_sts as Substitute Property as defined in California Code. of Civil Procedure Section 1240.310 to be exchanged for necessary property and/or that is reasonably necessary and appropriate to provide replacement access to the public road to owners that will be cut off from access to the public road and/or as uneconomic Remnants that will be left in such size, shape, or condition as to be of little market value pursuant to California Code of Civil Procedure Section 1240.410; WHEREAS, said real properties are located entirely within the territorial limits of the City of Encinitas; WHEREAS, the City of Encinitas is authorized to acquire said real properties, and public street right-of-way, slope and drainage easement, a pdvate driveway and slope easement, and temporary construction easement interests therein by eminent domain pursuant, inter alia, to California Constitution Article 1, Section 19; California Government Code Sections 37350.5, 39732, 39790, 39792, 40404, and 66410, et seq.; California Streets and Highway Code Sections 5101 and 5102; and California Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.320, 1240.330, 1240.350, 1240.410, 1240.430 and 1255.410; WHEREAS, the City of Encinitas claims an interest in portions of the real properties being acquired pursuant to Irrevocable Offers of Dedication; said portions required by the Project to be ] accepted by the City and in those portions not required for the Project, the City will quitclaim its interest therein as part of the Project; WHEREAS, offers to purchase the required interests in the real properties necessary for the Project have been made to the owners of record pursuant to Section 7267.2 of the California Government Code which offers have not been accepted; and WHEREAS, the City of Encinitas has provided notice to the persons designated in Section 1245.235 of the Code of Civil Procedure, and has provided all such persons a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure. NOW THEREFORE, BE IT RESOLVED that the Council of the City of Encinitas finds and determines and hereby declares, by a vote of not less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the staff report and all evidence taken at the hearing of this matter have been reviewed and considered. 3. That the public interest, convenience and necessity of the City of Encinitas and the inhabitants thereof require the public street improvements and appurtenances thereto in connection with the Project. 4. That the public street improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real properties described and depicted in the attached deeds and the Exhibits "A" and "B" thereto, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 5. That the real properties, and public street right-of-way in Fee, slope and drainage easement, a private driveway and slope easement, and temporary construction easement interests therein, are described and depicted in the attached deeds and the Exhibits "A" and "B" thereto, are necessary for the proposed Project. 6. That it appears reasonably necessary and appropriate to acquire portions of the real properties in Fee and a private driveway and supporting slope easement interests as Substitute Property and/or as Remnants to exchange for necessary property and/or to provide replacement access to property owners who would be cut off from access by the Project. 7. That offers, as required by Section 7267.2 of the California Government Code, has been made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of the Califomia Code of Civil Procedure has been given. 8. That the City of Encinitas and all appropriate officers, representatives and attorneys are hereby authorized and directed to acquire the real properties described and depicted in the attached deeds and Exhibits '%" and "B" thereto, in the name of and on behalf of the City of Encinitas, and to that end are hereby authorized and directed to commence and prosecute an action or actions in eminent domain for the purpose of acquiring said real properties and the public street right-of-way, slope and 2 drainage easement, a private driveway and slope easement, and temporary construction easement interests therein for Quail Gardens Drive Extension Project purposes and to obtain an order for immediate possession in the manner provided by law. PASSED, APPROVED, and ADOPTED by the City Council of the City of Encinitas, California, this 27th day of June, 2001, by the following vote: AYES: Bond, Guerin, Hotz, Houlihan, Stocks. NAYES: None. ABSTAIN: None. / Dennis Holz, Mayor ATTEST: Deuora~ , 'Y 3 Book# [5 Pao~# ,¢~4 RECORDING REQUESTED ~¥ AND AFTER RECORDING MAIL TO: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVEP/~4ENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-09 [ ] Ail [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, JOHN PATRICK BISHOP and KATHLEEN LYNDA BISHOP, TRUSTEES OF THE JOHN PATRICK BISHOP and KATHLEEN LYNDA BISHOP 1997 TRUST HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent ~sement and right of way to construct, reconstruct, maintain, operate and )air an earth excavation or embankment, slope or slopes, and a storm drain, uains, or drainage, including any or all incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this __ day of , 2001. s is to certify that the interest in real property veyed by this instrument to the City of Encinitas, unicipal corporation, is hereby accepted by the ersigned authorized officer on behalf of the City of Encinitas, and the grantee hereby consents to recordation thereof by its duly authorized officer. Dated .By Bishop/D-2/Slope & Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL D-2 That portion of Parcel 1 of Parcel Map No, 4957, in the City of Encinitas, County of San Diago, State of Califomia, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northeast comer of said Parcel 1; thenc~ along the Easterly line of said Parcel 1 South 34°34'26" East 60.60 feet to the TRUE POINT OF BEGINNING; thence continuing along the Eastedy line of said Parcel 1 South 34°34'26" East 51.26 feet to the intersection of said Eastedy line of Parcel 1 and the Westedy sideline of the 60.00 foot wide stdp of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76- 230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528; thence leaving said Eastedy line of Parcel 1 along said Westedy sideline of Parcel 76-0499-A of File No. 76-230528 South 15°00'39" East 75.68 feet to a point on the Southerly line of said Parcel 1; thence leaving said Westedy sideline of Parcel 76-0499-A of File No. 76-230528 along said Southerly line of Parcel I North 88°27"27" West 21.91 feet; thence, leaving said Southerly line North 15°00'39" West 79.00 feet; thence North 74°59'21" East 3.84 feet; thence North 15°00'39"'West 38.74 feet to the TRUE POINT OF BEGINNING. Containing 1,975 square feet, more or less. TOGETHER WITH all abutters Right of Access along the course hereinabove described as South 15°00'39" East 75.68. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. ~ BRIAN K. MICKELSON, L.S. No. 7320 .~ No. 7320 ~'~OF CAL~ LICENSE EXPIRES: JUNE 30, 2001 EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Calc~Legal DescdptionXParcel DXParcel D-2 Slope-Drain Ex ^ (legal).doc 80 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE & DRAINAGE PURPOSES ('~'")-CENTERLINE OF 60.00 FOOT WIDE PARCEL ~-" 76-049Cj-A OF EXISTING IRREVOCABLE OFFER TO ~0¢--'''~ DEDICATE REAL PROPERTY FOR PUBLIC ,-,,,~,-,WA',',:'URPOSES RECORDED.".'L",' 2". "97~' AS FILE NO. 76,,230528 OF OFFICIAL RECORDS, \ BEGINNING ~ \ NORTHEAST CO~ER I \ \ PARCEL 1 P.M. 4957 r \ ..~ \ \ ~ ~- \ \ V/C/N/TY MAP ~ N 88°32'26" W , \ \ NO THERLY LINE ~, z ~ PARCEL 1 ~ ~"~' "/ \\ ~ ~_ ~ P.~.495~ ~ ~k i _. ii ~ >~ ~ TRUE POINT~ ~.~ ,~ ,,, b'~' P~RCEL D-2 ~ '"~'"~ ACCESS R~eHTS 3~.37' ~ ~-~ \ RELINQUISHED HEREON PROPOSED QUAIL ..o, ~} CEGARDENS DRIVE ' '5'Z' ,'/''° \A,,,o.,~o /.,,./ BR~CKELSO.,L.S.#'~:~'0 ' \ ~g~012~2 QUAIL GARDENS DRIVE. PHASE 3~CALC~EGAL D~SCRJPTION~ARC~L D~PARCE. L D-2 SLOPE-DRAIN EX B (SKETCH),DWG RECORDING REQUESTED BY AND RECORDING MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVEP/~4ENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-09 [ ] Ail [X] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, JOHN PATRICK BISHOP and KATHLEEN LXNDA BISHOP, TRUSTEES OF THE JOHN PATRICK BISHOP and ~ATHLEEN LYNDA BISHOP 1997 TRUST HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, for 1) access nd 2) work and/or staging area, for a period beginning the earliest of 1) of recordation of executed deed, 2) effective date of court of competent jurisdiction's order of possession, or 3) effective date of grant of written right of entry, and ending 35 days after recordation by City or its contractor of a certificate of completion of project or 365 days whichever is earlier, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: see legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, tmunicipal corporation, is hereby accepted by the dersigned authorized officer on behalf of the City Encinita$, and the grantee hereby consents to cordation thereof by its duly authorized officer. Dated B~ Its: EXHIBIT A (LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PARCEL D-3 That portion of Parcel 1 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northeast corner of said Parcel 1; thence along the Eastedy line of said Parcel 1 South 34°34'26'' East 52.13 feet to the TRUE POINT OF BEGINNING; thence continuing along the Easterly line of said Parcel 1 South 34°34'26" East 8.47 feet; thence leaving said Eastedy line of Parcel 1 South 15000'39'' East 38.74 feet; thence South 74°59'21" West 2.84 feet; thence North 15°00'39'' West 46.72 feet to the TRUE POINT OF BEGINNING. Containing 121 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 Exp. o6/3O/Ol ~ No. 7320 EXHIBIT A EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) L TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES 6-0499-A OF EXISTING R DEDICATE REAL PROPERTY FOR PUBLIC ~ HIGHWAY PURPOSES RECORDED JULY 21, 1976 ' ~/ ~/ ~¢~O~- II AS FILE NO. 76-230528 OF OFFICIAL RECORDS. \ , POINT OF ~ ~ ~ ~ BEGINNING ~, ~ ~ PARCEL 1 P.M. 4957 ~ ~ ~ ~ ~ VICINI~MAP ~ N 88"32'26" W ~ ~ NO SCALE ~AAk~ 214.99' - %, X :SOUTHERLYLINE7 313Z,[~ '," G PROPOSED QUAIL ~ ~GARDENS DRIVE X ~~~ MY LICENSE EXPIRES JUNE 30, 2001 _ -- P:~1202 QUAIL GARDENS DRIVE - PHASE 3~CALC~E~L DESCRI~ION~ARCEL D&PARCEL 0-3 TEMP CONST EX B (SK~CH).DWG RECORDING REQUESTEL ~ AND WHEN RECORDED M~IL TO: 505 $. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax- Pursuant to Government Code ~ 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED Assessor Parcel Number: 257-011-10 [ ] Ail [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CIT~ OF ENCINITAS, A MUNICIPAL CORPORATION HEREBY GRANTS TO JOHN PATRICK BISHOP and KATHLEEN LYNDA BISHOP, TRUSTEES OF THE JOHN PATRICK BISHOP and KATHLEEN LYNDA BISHOP 1997 TRUST 1 interests, or property located in the City of rights, title to the real --Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. RESERVING UNTO THE GRANTOR its successors or assigns a permanent easement and right of way to construct, reconstruct, maintain, operate and repair an earth excavation or embankment, slope or slopes, and a storm drain, drains, or drainage, including any or all incidents and appurtenances thereto over, under, along and across all those portions of said property more particularly described in Exhibit A-1 and depicted in Exhibit B-i, attached hereto and incorporated herein by this reference. RESERVING UNTO GRANTEES their heirs, successors or assigns, the continued use of the above-described land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this day of , 2001. City of Encinitas By: Its: City to Bishop/E-2/Uneconomic Remainder, Substitute Property ..k, 15 ._. 251 EXHIBIT A DESCRIPTION) (LEGAL UNECONOMICAL REMAINDER AND SUBSTITUTE PROPERTY PARCEL E-2 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest comer of said Parcel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 39,06 feet to the intersection of said Northerly line of Parcel 2 and the Westerly sideline of 60.00 foot wide strip of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76-230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528; thence leaving said Northerly line of Parcel 2 along said Westerly sideline of Parcel 76-0499-A of File No, 76230528 South 15°00'39" West 94.33 feet to the intersection Of last said Westerly sideline of Pamel 76-0499-A with the Westerly line of said Parcel 2; thence along said Westerly line of Parcel 2 North 34°34'26" West 111.86 feet to ~he Point of Beginning. Containing 1,767 square feet, more or less. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. Exp. 06/30/01 BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 ~ No. 7320 ~_. EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Calc~.egal Descriptlon~Parcel E~arcel E-2 UNEC REM Ex A (legal),doc 86 ,-. 15 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) UNECONOMICAL REMNANT AND SUBSTITUTE PROPERTY '~ ('-~F~ OF 60.00 FOOT WIDE PARCEL \ ~-~ 76-0499-A OF EXISTING IRREVOCABLE OFFER TO \ x DEDICATE REAL PROPERTY FOR PUBLIC . \ x~ x~ HIGHWAY PURPOSES RECORDED JULY 21, 1976 ~ ~ ~ AS FILE NO, 76-230528 OF OFFICIAL RECORDS. ~1~1 , \ 21.88' '~ \ /-- NORTHERLY LINE ~ \ ~ N 80°32'26" W I 334.57' (~HWES~RNER =0~ ~ ~ ~ ~. ' P~CEL 2 PM. 4957) ~A ~ ~' ~ ~J ~ '~ ~ ~ SO~ERLYLINE ~ ~ ~ P~CEL 2 P.M. 4~7 ~' ~ "'~ ~ ~, ~~PROPOSED % ~ [}~~, rJ 5~~ DRIVE ~ ~ ...... / / BRI~ K. MICKELSON, L.S. ~ 7320 ~o SC~E ~1~ QUAE ~D~S ~- ~ 3~ ~S~P~i~CEL ~L E-2 UNEC ~M ~ B EXHIBIT B EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL E-5 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest comer of said Parcel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 17.18 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line of Parcel 2 South 88°32'26" East 21.88 feet to the intersection of said Northerly line of Parcel 2 and the Westerly sideline of 60.00 foot wide strip of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76- 230528 of Official Records of San Diego County and described as Parcel 76-O499-A within said File No. 76-230528; thence leaving said Northerly line of Parcel 2 along said Westerly sideline of Parcel 76-0499-A of File No. 76-230528 South 15°00'39" East 94.33 feet to the intersection of last said Westerly sideline of Parcel 76-0499'-A with -the Westerly line of said Parcel 2; thence along said Westerly line of Parcel 2 North 34°34'26" West 51.26; thence leaving said Westerly line of Parcel 2 North 19°11'25" West 52.37 feet to the TRUE POINT OF BEGINNING. Containing 1,346 square feet, more or less. TOGETHER WITH all abutters Right of Access along the hereinabove described Westerly sideline of Parcel 76-0499-A of File No. 76-230528. As shown on Exhibit "B' attached hereto and by this reference made a part hereof. Exp. 06/30/01 BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 ~ No. 7320 P:~99001202 Quail Gardens Drive - Phase 3~Calc~egal DescriptJon~arcel E~Parcel E-5 Slope-Drain Ex A (legal).do¢ EXHIBIT EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES ~ (~CENTERLINE OF 60.00 FOOT WIDE PARCEL /-- TRUE ~ 76-0499-A OF EXISTING IRREVOCABLE OFFER TO / POINT OF \ DEDICATE REAL PROPERTY FOR PUBLIC ~ / ~-.,~,~,,~,r- \ HIGHWAY PURPOSES RECORDED JULY 21. 1976 t / Dr-~'~ll~ll~ll~l~'= \ AS FILE NO. 76-230528 OF OFFICIAL RECORDS. ~ \ / \ ~ ~--PARCELE-5 X C ' ' BEGINNING '~ ~X ~,', · ~ . (NORTHWE~ORNER ~. /~ ~XX ~/ ~d~/ .~ P~CEL 2 P.M. 4957) ~ ~ ~ ~0 '~ ~CEL2P,M. 4~57 ~ ~ ~ ~ ~ ~SOUTRERLYLINE ' /////// ~'~( . '~ N88'27~ 215 91' ACCE~ RIGHTS ~ ~ '~ ~ DD~D~ RELINQUISHED HEREON ~ ~ ~ /~ ) _, QUAIL GARDENS ~ ~ ~ ~ .~ .. ,,,n Z./ BRIAN K. MICKELSON, L.S. ~ 7320 ' V/CIN/~MAP ~~~ MY LICENSE EXPIRES JUNE 30, 2001 NO SC~E P;~1202 QUNL ~NS ORNE - ~ ~ DE~ ~ {SK~CH). EXHIBIT nn REdORDING REQUESTED ,Y AND AFTER RECORDING MAIL TO: :tention: City Clerk CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVEPa~4ENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 256-233-16 [ ] Ail [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, WILLIAM JOSEPH BROWN and CATHLEEN ANN BROWN, TRUSTEES OF THE BROWN REVOCABLE INTER VIVOS TRUST DATED MARCH 11, 1999 HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent easement and right of way to construct, reconstruct, maintain, operate and .epair an earth excavation or embankment, slope or slopes, and a storm drain, ains, or drainage, including any or all incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall-be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, unicipal corporation, is hereby accepted by the ~incinitas, and the grantee hereby consents to ersigned authorized officer on behalf of the City recordation thereof by its duly authorized officer. Dated .By. Its: Brown/H-I/Slope & Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE PURPOSES PARCEL H-I That portion of Parcel 4 of Parcel Map No. 3320 in the City of Encinitas, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, December 19, 1974 as file No. 74-329632 of Official Records, described as follows: Beginning at the Southeast comer of said Parcel 4, thence along the Southerly line of said Parcel 4 North 89°55'08" West 47.84 feet; thence leaving said Southerly line of Parcel 4 North 27°03'46" West 21.75 feet; thence North 72°27'33" East 44.84 feet; thence North 20°12'05" East 21.51 feet; thence North 1°55'04" East 52.68; thence North 7°48'16" East 98.06 feet to the Northeast comer of said Parcel 4; thence along the Eastedy line of said Parcel 4 South 2°07'29" West 203.08 feet to The Point Of Beginning. Containing 2,773 square feet, more or less. TOGETHER WITH all abutters Right of Access along the course hereinabove'described as the Easterly line of said Parcel 4 South 2°07'29'" West 203.08 feet. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. ! BRIAN K. MICKELSON, L.S. No. 7320 { ~ LICENSE EXPIRES: JUNE 30, 2001 / Exp. 0e/30/01 ~ NO. 7320 j EXHIBIT A 185 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE PURPOSES /////// ~cc~ss R~TS VICINI~ MAP RELINQUISHED HEREON NO SCALE 121.7T ~ J N87'53'10~ ~ 130.00' m N87'52~1~ ~ISTING 30,00 FOOT WIDE IRR~OCABLE OFFER TO DEDICA~ R~L PROPERW FOR PUBLIC HIGHWAY PURPOSES RECORDED NOVEMBER 25, 1974 AS FILE NO. 7~30~26 OF OFFICI~ RECORDS. m ~20.. 2~.07' N 89~55'08' W 251.91' POINT OF~ BEGINNING (SOUTH~ST CORNER OF PARCEL 4 OF P.M. NO. 3320) GARDENS DRIVE ~DENS D~ - P~E ~ DE~R~L H ~ 4 PM ~ ~1 SLOPE ~ RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: )wn Intervivos Trust 2255 La Quinta Street Chico, CA 95928 (Space above this line for Recorder's use) QUITCLAIM DEED Assessor's Parcel No(s). 256-233-16 The undersigned Grantor declares that the documentary transfer tax is $ [] Computed on full value of property conveyed, or [] Computed on full value less liens and encumbrances remaining at time of sale. u Unincorporated area ~ City of Encinitas Signature of Declarant or Agen~ Determ/ning Tax. Fi~ N~e City of Encinitas, a municipal corporation, for a valuable consideration, receipt of which is hereby acknowledged,' hereby releases, remises and quitclaims to the William Joseph Brown and Cathleen Ann Brown, Trustees of the Brown Revocable Inter Vivos Trust dated March 11, 1999 L1 right, interest or title to a portion of that certain Irrevocable Offer Dedicate Real Property recorded November 25, 1974 as Document No. 74- 9926 in those portions of the real property, situated in the City of Encinitas, County of San Diego, State of California, more particularly described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by this reference. City of Encinitas, a municipal corporation Dated: By: Its: State of California County of } SS. On before me, personally appeared , [] personally known to me, [] or 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(ties), 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. TNESS my hand and official seal, Signature [Seal] Brown/H-2/Vacate portion IOD EXHIBIT A (LEGAL DESCRIPTION) VACATION OF IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC HIGHWAY PURPOSES AND RESERVATION OF SLOPE EASEMENT RIGHTS PARCEL H-2 All of that certain Irrevocable Offer to Dedicate Real Property for Public Highway purposes recorded November 25, 1974 as file No. 74-309926 of Official Records of San Diego County, lying within Parcel 4 of Parcel Map No. 3320 in the City of Encinitas, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, December 19, 1974 as file No. 74-329632 of Official Records. Containing 6,108 square feet, more or less. EXCEPTING THEREFROM Slope Easement interests in that portion lying within an Easement for Slope Maintenance Purposes in favor of The City of Encinitas, its successors or assigns, as more particularly described in the document filed in the office of the County Recorder of San Diego County, ,200__ as file No. of Official Records. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 EXHIBIT A P:~99-0012-01 QGD III Out Pa rcel~Calc~.egal Oesctip#on~°amel H (Pct 4 PM 3320)~Parcel I-{-2 VAC IOD Ex A (legal) REVl.doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) VACATION OF IRREVOCABLE OFFER OF DEDICATION BRIAN K. MICKELSON, L.S. # 7320 MY LICENSE EXPIRES JUNE 30, 2001 NO SCALE N87'52'31~ N87'53'10~ PARCEL H-2 --OFFER TO DEDICATE R~L PROPER~ RECORDED NOVEMBER 25, 1974 AS FiLE NO. 74-309926 OF OFFICI~ RECORDS. ~INDICATES POR~ON OF ~ISTING 30.00 FOOT WIDE I~OC~LE Z OFFER TO DEDICATE R~L PROPER~ FOR PUBLIC HIGHWAY SUBJECT TO ~SEMENT FOR SLOPE MAI~ENANCE PURPOSES. / N 89'55'08' W 251.91' POINT OF BEGINNING (SOUTH~ST CORNER OF PARCEL 4 OF P.M. NO. 3320) ~ PROPOSED GARDENS DRIVE ~2 QUAIL GARDENS DR~ - P~E 3~E~ DESCR~EL H ~L 4 PM ~)~C~ ~2 VAC EXHIBIT R~CORDING REQUESTED B~ AND TER RECORDING MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 $. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVEBRMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-10 [ ] Ail IX] Portions EASEMENT DEED For and in consideration of a valuable consideration, JAMES ROSS GILLIE and KATHLEEN M. GILLIE HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent asement and right of way to construct, reconstruct, maintain, operate and ~pair an earth excavation or embankment, slope or slopes, and a storm drain, ~ains, or drainage, including any or all incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. h_~his is to certify that the interest in real property veyed by this instrument to the City of Encinitas, unicipal corporation, is hereby accepted by the ersigned authorized officer on behalf of the City of Encinitas, and the grantee hereby consents fo recordation thereof by its duly authorized officer. Dated By Its: Gillie/E-3/Slope and Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL E-3 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest comer of said Pamel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 101.62 feet to the intersection of said Northerly line of Parcel 2 and the Easterly sideline of 60.00 foot wide stdp of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No, 76-230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528, said intersection being the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°32'26" East 7.80 feet; thence leaving said Northerly line of Parcel 2 South 17°46'12" East 69.35 Feet; thence South 15°43'50" East 87.77 feet; thence North 74°58'25" East 8.08; thence South 15°00'39" East 16.80 feet to the Southerly line of said Parcel 2; thence along said Southerly line of Parcel 2 North 88°27'27" West 20.86 feet to the intersectio~ of said Southerly line with said Eastedy sideline of Parcel 76-0499-A of File No. 76-230528; thence along said Eastedy sideline of Parcel 76-0499-A of File No. 76-230528 North 15°00'39" West 170.10 ~eet to the TRUE POINT OF BEGINNING. Containing 1,915 square feet, more or less, TOGETHER WITH all abutters Right of Access along the hereinabove described Easterly sideline of Parcel 76-0499-A of File No. 76-230528. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. / LICENSE EXPIRES: JUNE 30, 2001 EXHIBIT P:~99001202 Quail Gardens Drive - Phase 3~Calctl.egal Descdptlon~Parcel E~Parcel E-3 SIope-Dralo Ex A (logal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES ~ , ~ I/A~-CENTERLINE OF 60.00 FOOT WIDE PARCEL ~ '\ ~\ "-'/ 76-0499-A OF EXISTING IRREVOCABLE OFFERTO \ \ \ DEDICATE REAL PROPERTY FOR PUBLIC \., \ \ HIGHWAY PURPOSES RECORDED JULY 21, 1976 ,, \ ~ -~ .-TRUE ,.' \ '~ \ /'/"POINT OF ' /-- NORTHERLY L,NE '-~ ~.~ 7.80'-~-~/ BEGINNING /PARCEL 2 P.M. 4957 'w BEGINNING ~ ~'~ ~ ~,~-,,'~' ~ ,'Ot~f",r-,, ,,, PARCEL2P,M. 4957) '<~.~'N, .~\',, ~",~'.'~ ~" ~'":~ '";" ' \~.,, '~-X\ ~t,,. \"'"A -.,,5-~. No. 16.80t ~, '-"-' j--'..~.~.F.[~,_,r-L~....., j \ ~,~o~,\,\ ~cZt,,,.. ~, _~.0~ ~ ,.---SOUTHERLY z WEST~RLYUNE--.~' \',.\\\ ~. ~. / ..-,~ /UNEPARCEL2 % , · 163.82' ~.~'--'~,. / / / / / ,/,/ ~ \~'"-~ ~ N88 27'27'W 215.91' INDICATES ABUTTERS RELINQUISHED HEREON ~\' ~ ~. S/T~ t ~' %.. ,0.,,,o~,/ BR,AN~.,,,C~ELSON.,.S.#,~O VICINITY MAP '"~o~.,2" MY LICENSE EXPIRES JUNE 30, 2001 NO SCALE P:Lqg001202 QUAIl. GARDENS DRNE. PHASE 3tCALCV,.EGAL DESCRIPT'iONIPARCEL E~ARCEL E-3 ~tope-Drain EX 8 (SKETCH).D1/VG EXHIBIT B ,,,, .,.,,,. t5 RECORDING REQUESTED BY WHEN RECORDED M~IL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code ~ 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED Assessor Parcel Number: 257-011-10 [ ] Ail [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES ROSS GILLIE and KATHLEEN M. GILLIE HEREBY GRANT TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this day of , 2001. ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from James Ross Gillie and Kathleen M. Gillie, to the City of Encinita$, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City of Encinitas, a municipal corporation ~ted: By: Its: Gillie/E-2/Uneconomic Remainder, Substitute Property · ~ EXHIBIT A (LEGAL DESCRIPTION) UNECONOMICAL REMAINDER AND SUBSTITUTE PROPERTY PARCEL E-2 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest comer of said Parcel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 39.06 feet to the intersection of said Northerly line of Parcel 2 and the Westerly sideline of 60.00 foot wide strip of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76-230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528; thence leaving said Northerly line of Parcel 2 along said Westerly sideline of Parcel 76-0499-A of File No. 76-230528 South 15°00'39" West 94.33 feet to the intersection of last s~id Westerly sideline of Parcel 76-0499-A with the Westerly line of said Parcel 2; thence along said Westerly line of Parcel 2 North 34°34'26" West 111.86 feet to 'the Poiht of Beginning. Containing 1,767 square feet, more or lesS. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Exp. O6/30101 BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 ~ No. 7320 ~, EXHIBIT A P:~qc.:J001202 Quail Gerdens Drive - Phase 3~Caic~egal Description~'arcel E~Parcel E-2 UNEC REM Ex A (l~gal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) UNECONOMICAL REMNANT AND SUBSTITUTE PROPERTY \ ~"~-~ OF 60.00 FOOT WIDE PARCEL \ ~'"" 76-0499-A OF EXISTING IRREVOCABLE OFFER TO --\ ~ DEDICATE REAL PROPERTY FOR PUBLIC ~ \ ~\ HIGHWAY PURPOSES RECORDED JULY 21, 1976 \ BE~NN~N~ . ~ ~XX ~ ~,~) , ~ ~ ~ ~ SOU~E~Y LINE ~ ~ ~t P~C~ 2 P.M. 4957 ~ CS' t QUAIL GARDENS ' ,= ~ 5~ DRIVE VIClNI~MAP~~~MY LICENSE ~PIRES JUNE 30, 2001 EXHIBIT B RECORDING REQUESTED BY AND TER RECORDING MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-10 [ ] Ail IX] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, JAMES ROSS GILLIE and KATHLEEN M. GILLIE HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, for 1) access d 2) work and/or staging area, for a period beginning the earliest of 1) of recordation of executed deed, 2) effective date of court of competent ~risdiction's order of possession, or 3) effective date of grant of written right of entry, and ending 35 days after recordation _by City or its contractor of a certificate of completion of project or ~ days whichever is earlier, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: .. See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encinita$, ~.~ecUnicipal corporation, is hereby accepted by the ersigned authorized officer on behalf Of the City Encinita$, and the grantee hereby consents to ordation thereof by its duly authorized officer, Dated .By Its: Gillie/E-4/TCE EXHIBIT A (LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PARCEL E-4 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of Califomia, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest comer of said Parcel 2; thence along the Northerly line of said Pamel 2 South 88°32'26" East 109.42 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°32'26" East 13.05 feet; thence leaving said Northerly line of Parcel 2 South 15°00'39" East 153.33 Feet; thence South 74°58'25" West 8.08 feet; thence North 15°43'50- West 87.77 feet; thence North 17°46'12" West 69.35 feet to the TRUE POINT OF BEGINNING. Containing 1,486 square feet, more or less. As shown on Exhibit 'B' attached hereto and by this reference made a part herbof. BRIAN K. MICKELSON, L.S. No. 7320 Exp. 06/30/01 LICENSE EXPIRES: JUNE 30, 2001 ~ No. 7320 EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Calc~.egal Description'~°arcel E-~Parcel E-4 TEMP CONST Ex A (legal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES \~~F 60.00 FOOT WIDE PARCEL \~'~ING IRREVOCABLE OFFER TO _ \ ~ \ DEDICATE REAL PROPERTY FOR PUBLIC ~ \ HIGI"I~NAY PURPOSES RECORDED JULY 21, 1976 Il ~ ~ AS FILE NO. 76-230528 OF OFFICIAL RECORDS. & ' 7.80'~-~ /,,o,B,~E~GI,N, NING /PAROEL2P.M. 4957 X, x X, ~ PROPOSED ) ,,~ ' ~' ' QUAIL GARDENS ~ '"~/-~ BRIAN K. MICKELSON, L,S, ~ 7320 VICINITY MAP MY LICENSE EXPIRES JUNE 30, 2001 NO SCALE ~12o2 ~AIL ~NS DR~ - ~E ~ DE~I~CEL ~CEL E~ ~MP CONST ~ 8 (~}.~ EXHIBIT B RECORDING REQUESTED BY CITY OF ENCINITAS AND AFTER RECORDING MAIL TO: James Ross Gillie and Kathleen M. Gillie 519 Quail Gardens Drive Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE ~ R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-17 [ ] All [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, CITY OF ENCINITAS, a municipal corporation HEREBY GRANTS to JAMES ROSS GILLIE and KATHLEEN M. GILLIE, their heirs, successors, or assigns, a non-exclusive access easement for ingress and egress over, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Easement Deed to be executed as of this day of , 2001. The City of Encinitas By: Its: Gillie/E-7/Access Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR INGRESS/EGRESS PURPOSES PARCEL E-7 The Southerly 20.00 feet, measured at dght angles to the Southerly line thereof, of the Eastedy 470.00 feet, measured from the Southeasterly comer thereof, of Parcel 2 of Parcel Map No. 5854 in the City of Encinitas, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego Cbunty, Apdl 28, 1977 as file No. 77-159702 of Official Records. Pamel E-7 containing 9,338 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. ~ BRIAN K. MICKELSON, L.S. No. 7320 ,~ N(~. 7320 ~./ LICENSE F_XPIRES: JUNE 30, 2001 ~ EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Calc~Legal DescriplJon~Parcel E'~Parcel E-7 Ingress-Egress Ex A (legal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR INGRESS/EGRESS PURPOSES I ~' - ~. ~uCA~4 4~ ~ - ~ ~ ~ ~ SITE x ~ X VICINI~ MAP /. OFP.M. 5~ ~ PARCEL E-7 PAF~C~2 BRIAN ~ MICKELSON, L.S. ¢ 7320 MY LICENSE ~PIRES JUNE 30, 2001 P~t~ QU~ ~D~S DR~E - ~E ~E~ UE~L ~"~ c ' '~ ~ 8 (8K~). EXHIBIT B RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code ~ 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED Assessor Parcel Number: 257-011-14 [ ] Ail [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES RAYMOND KONN and CHERYL RAY KONN HEREBY GRANT TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this day of , 2001. ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from James Raymond Konn and Cheryl Kay Konn, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City of Encinitas, a municipal corporation ~ted: By: Its: Konn/G-1/ROW EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL G-1 That portion of the South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at a point on the East and West centedine of said Section 10, distant thereon South 88°22'29- East 422.76 feet from the center of said Section 10, said point being the Southwest comer of that parcel of land conveyed by Mary D, Vaughan to Leslie F. Gay et al by Deed recorded July 13, 1929 in Book 1657, Page 142 of Deeds, in the Office of the County Recorder of said San Diego County; thence along the Westerly line of said land conveyed to Gay et al North 17°30'23" West 172.66 to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88°27'27" East 6.32 feet; thence leaving said Northerly line South 15°00'39" East 125.48 feet: thence South 50°57'30" East 16.98 feet; thence South 3°05'39" West 7.03 feet; thence South 39°38'31" East 34.01 feet to a point on said East and West centeriine of said Section 10; thence along said East and West centerfine North 88°22'29" West 21.40 feet to the Point Of Beginning. Containing 907 square feet, more or less. TOGETHER WITH alt abutters Right of Access along the course heminabove described as South 15°00'39" East 125.48 feet. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. LICENSE EXPIRES: JUNE 30, 2001 EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Caic~/.egal Descdp§on~Parcel G~.aarual C--1. RW Ex A (legal).doc 164 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES BRIAN K. MICKELSON, L.S. # 7320 MY LICENSE EXPIRES JUNE 30, 2001 SITE PROPOSED THE SOUTH HALF OF THE SOUTH HALF OF QUAIL GARDENS THE SOUTH HALF OF VICINITY MAP \ DRIVE THE SOUTHWEST NO SCALE \ QUARTER OF THE -- 362.58' -- 6.32' =ARCEL G-1 WESTERLY LINE DEED 1657/142 uJ No. 1..8801 ^^ N 03°05'39- E 422.76' N88'22'29"W 1323.43'--MV CENTER OF SECTION 10, T. 13 S., R. 4 W., S.B.M. POINT OF SOUTHERLY LINE OF THE BEGINNING SOUTHWEST CORNER SOUTHWEST QUARTER OF THE DEED 16571142 NORTHEAST QUARTER OF SECTION 10, T. 13 S., R. 4 W., S.B.M. {~)-EXISTING IRREVOCABLE OFFER TO DEDICATE ~ ~ INDICATES ABUTTERS '-'REAL PROPERTY FOR PUBLIC RIGHT OF WAY ~ r~,~ ACCESS RIGHTS PURPOSES RECORDED NOVEMBER 1, 1989 RELINQUISHED AS FILE NO. 89-594744 OF OFFICIAL RECORDS. HEREON P.~9001202 QUAIL GARDENS DRIVE - PHASE 3tCALC~LEGAL DESCRIPTION~PARCEL G1PARCEL C~$ RW EX B (St<~rCH)~3WG EXHIBIT B RECORDING REQUESTED ~¥ AND AFTER RECORDING MAIL TO: ention: City Clerk HE CITY OF ENCINITAS 505 S. Vulcan Avenue Enc±nitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE -GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Parcel No. 257-011-14 [ ] Ail IX] Portions EASEMENT DEED For and in consideration of a valuable consideration, JAMES RAYMOND KONN and CHERXL KAY KONN HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent easement and right of way to construct, reconstruct, maintain, operate and repair an earth excavation or embankment, slope or slopes, and a storm drain, .~ins,__ or drainage, including any or all incidents and appurtenances ~ereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encini=as, coniCipal corporation, is hereby accepted by the ersigned authorized officer on behalf of the City Encinitas, and the grantee hereby consents to rdation thereof by its duly authorized officer. Dated .By Its: Konn/G-2/Slope & Drainage Easement ~#___~____.p&~# 257 EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL G-2 That portion of the South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as Beginning at a point on the East and West centedine of said Section 10, distant thereon South 88°22'29" East 422.76 feet from the center of said Section 10, said point being the Southwest comer of that parcel of land conveyed by Mary D. Vaughan to Leslie F. Gay et al by Deed recorded July 13, 1929 in Book 1657, Page 142 of Deeds, in the Office of the County Recorder of said San Diego County; thence along the Westerly line of said land conveyed to Gay et al North 17°30~3" West 172.66 to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88°27'27" East 6.32 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°27'27" East 12.16 feet; thence leaving said Northerly line Sodth 19°C~'20" East 65.74 feet; thence South 10°05'08" East 47.55 feet; thence North 74°59'18" East 4.27 feet; thence South 15°00'42" East 10.00 feet; thence South 78°14'39" West 16.53 feet; thence North 15°00'39" West 125.48 feet to the TRUE POINT OF BEGINNING. Containing 1,771 square feet, more or less. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. Exp. 06/30/01 BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 ,~ No. 7320 ~, EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3\Calc~L. egal Descripfion~Parcel G~Pa~cel G-2 Slope.-Dmin Ex A (legal).doc 167 EXHIBIT B (SKETCH tO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES E PROPOSED QUAIL ,, GARDENS DRIVE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE -- SOUTH HALF Of THE SOUTHWEST '- 35 , QUARTER OF TFJE NORTHEAST ~ ~ QUARTER OF SECTION 10. T. 13 S., ~ R. 4 W., S.B.M. ~ N 88°27'27' W 1322.82' 265.25' 249.24' POINT OF BEGINNING WESTERLY WESTERLY LINE PARCEL G-2 LINE DEED 1657/142 DEED 1657/142 422.7~ 265.00' N88'22°29'W ~. o., 1323.43'--¥v - CENTER OF SECTION 10, -- POINT OF m. 13 S., R. 4 W., S.B.M. BEGINNING ~ SOUTHWEST CORNER SOUTHERLY LINE OF THE DEED 16571142 SOUTHWEST QUARTER Of THE NORTHEAST QUARTER OF ~,(~)~ EXISTING IRREVOCABLE SECTION 10, T. 13 S., R. 4 W.. S.B.M. ~- ~"J--OFFER TO DEDICATE REAL ~ PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES RECORDED NOVEMBER 1, 1989 AS FILE NO. 89-594744 ~ ~ Of OFFICIAL RECORDS. EXHIBIT B R~CORDING REQUESTED BY AND ttTER RECORDING MAIL TO: ention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel Nos. 257-011-14 [ ] Ail [X] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, JAMES RAXMOND KONN and CHERYL KAY KONN HEREBY GRANT to the CITY OF ENCINITAS, a Municipal Corporation, in the County of San Diego, State of California, its successors or assigns, for 1) access and 2) work and/or staging area, for a period beginning the earliest of 1) ~te of recordation of executed deed, 2) effective date of court of competent Lrisdiction's order of possession, or 3) effective date of grant of written .ght of entry, and ending 35 days after recordation by City or its contractor of a certificate of completion of project or ~ days whichever is earlier, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Temporary Construction -Easement to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of gncinitas, a municipal corporation, is hereby accepted by the undersigned authorized officer On behalf of the City aftEncinitas, and the grantee hereby consents to ordation thereof by its duly authorized officer. ed By. Its: Konn/G-3/TCE EXHIBIT A (LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PARCEL G-3 That portion of the South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: PARCEL G-3a Beginning at a point on the East and West centeriine of said Section 10, distant thereon South 88'22'29" East 422.76 feet from the center of said ,'~ection 10, said point being the Southwest comer of that parcel of land conveyed by Mary D. Vaughan to Leslie F. Gay et al by Deed recorded July 13, 1929 in Book 1657, Page 142 of Deeds, in the Office of the County Recorder of said San Diego County; thence continuing along said East and West centerline South 88°22'29" East 21.40 feet to the TRUE POINT OF BEGINNING; thence leaving said East and West centeriine North 21'11'30" West 50.70 feet; thence South 78°14'39" West 16.53 feet; thence South 50°57'30" East 16.98 feet; thence South 3°05~39" West 7.03 feet; thence South 39'38'31" East 34.01 feet to the TRUE POINT OF BEGINNING. PARCEL G-3b Beginning at a point on the East and West centedine of said Section 10, distant thereon South 88°22'29- East 422.76 feet from the center of said Section 10, said point being the Southwest comer of that parcel of land conveyed by Mary D. Vaughan to Leslie F. Gay et al by Deed recorded July 13, 1929 in Book 1657, Page 142 of Deeds, in the Office of the County Recorder of said San Diego County; thence along the Westerly line of said land conveyed to Gay et al North 17'30'23" West 32.64 feet to the beginning of a non-tangent curve concave Eastedy having a radibs of 1972.00 feet, a radial line to said point beare South 74'39°01" West; thence leaving said Westerly line Northerly 11.66 feet along said curve through a central angle of 0°20'20"; thence tangent from said curve North 15'00'39" West 126.42 feet to a point on the Northerly line of said South half of the South half of the . South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88°27'27" East 12.16 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88'27'27" East 8.71 feet; thence leaving said Northerly line South 11°39'52" East 63.21 feet; thence North 19°04'20" West 65,74 feet to the TRUE POINT OF BEGINNING. Parcels G-3a and G-3b containing 658 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Exp. 06/30/01 BRIAN K. MICKELSON, L.S. No. 7320 ,~ NO. 7320 ~, LICENSE EXPIRES: JUNE 30, 2001 ~~~ EXHIBtT A P:~9001202 Quail Gardens Drive - Phase 3~Calc~egal Description~Parcel G~Parcel G-3 TEMP CONST Ex A (legal).doc 170 ~ EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PROPOSED QUAIL .~~~ ' GARDENS DRIVE (~EXlST,NG .~ NOR~.ERLY LINE OF THE SOU'~ HALF TO ~ H~F OF THE SOUTHWEST QUOTER OF PUBLIC RIGHT OF WAY ~ THE NORTH~ST QUARTER OF SECTION PURPOSES RECORDED ~ 10, T. 13 S., R. 4 W.~S.B.M. NOVEMBER 1, 1989 AS ~ N ~2~7" W 13~.82' ~ FILE NO. 8~5~7~ OF 265.25' 238.0~ 362.58' OF BEGINNING WESleY LINE DEED WESTERLY LINE PARCEL G-3b DEED 1~7/142 ', ~ ~o~5~,. ~ N 03'05~9' E 7.03' z ~ ~ ~ ~ ~'~ POINT OF~ VV BEGINNING PARCEL G-3a 265.00' 243.60' N~'~=9~ ~: )INT OF C~R OF SECTION 10, BEGINNING 1323.43'~ T. ~3 S., ~ 4 w., S.B.U. PARCEL G-3a SOU~ERLY LINE OF ~E ~ SOU~WEST CORNER SOUTHWEST QUARTER OF THE ~a~ NORTH~ST QUAR~R OF ~ ~O SEC~ON 10, T. 13 S., R. 4 W., S.B.M. SITE BRIAN ~ MIC~LSON, L.S. ~ 7320 No. 73~ MY LICENSE ~PIRES JUNE 30, 2001 VIClNI~MAP NO S~E P:~I~ ~ ~ENS D~E- ~ ~ D~C~ ~CEL ~ ~P ~ EXHIBIT B ORDING REQUESTED BY WHEN RECORDED M~IL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code § 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED Assessor Parcel Number: 257-011-03 [ ] Ail IX] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARTHA ABIGAIL MACHAIN GRANT TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by th~s reference. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this day of , 2001. ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from Martha Abigail Machain, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City of Encinitas, a municipal corporation ~ted: By: Its: Machain/B-1/ROW ~ .~P.~ #.~.~ EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL B-1 That portion of the South half of the North half of the North half of the Southwest Quarter of the Northeast (~uarier of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: A strip of land 60.00 feet in width, the Eastedy sideline of said strip lying 28.00 feet Eastedy of and the Westerly line of said stdp lying 32.00 feet Westerly of the following described line: Beginning at the Northwest comer of said South half of the North half of the North half of the Southwest Quarter of the NortheaSt Quarter of Section 10; thence along the Northerly line of said South half of the North half of the North half of the Southwest Quarter South 88°58'38. East 35.03 feet to the TRUE POINT OF BEGINNING, said TRUE POINT OF BEGINNING being the beginning of a non-tangent curve concave easterly and having a radius of 1200.00 feet, a radial line to said point bears North 87°54'38. West; thence southerly 162.88 feet along said curve through a central angle of 7°46'37" to a point on the Southerly line of'said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, distant thereon South 88°53~7" East 48.34 feet from the Southwest comer of said South half of the North half of tha North half of the Southwest Quarter of the Northeast Quarter of Section 10. The sidelines of the aforedescribed strip of land shall be lengthened and/or shortened so as to terminate Northerly and Southerly on the Northerly and Southerly lines respectively of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10. Containing 9,772 square feet, more or less, As shown on Exhibit 'B' attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 EXHIBIT p:~990~1202 Quail C, ar~ens Odve - P'nese 3~Caic~l Des~Pamel B~Pan:el B-1 R1N Ex A (legal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES --NORTHERLY LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST --TRUE POINT OF QUARTER OF THE NORTHEAST POINT OF -~ QUARTER OF SECTION 10, m. 13 S., BEGINNING / BEGINNING R. 4 W.. S.S.M. (NORTHWEST ~. CORNER OF THE sOUTH 1/2 OF THE '~ ~ N88'58'38'W 1319.28' NORTH 1/2 OF THE . - S87'54'38'E SOUTHWEST QUARTER OF THE m,~ i¢~,- RADIAL NORTHE^ST $. 1/2, ~'J. 1/2, QU,ARTER OF ~ ~ ~. ,.,,:.~o':i-~.:i'on:; -il4, NZ. 114, SEC. -JO, T. SECT1ON 10, T. 13 S,, R. 4W..S.B.M.~ ~.'""~ 13 S., ~. 4 W., . :.'~1~ =' ~:.tJ~Z~ m ~'- 6%,, ~ .- ~ z "' -~.:.,. ; ~ =~,.~.; PARCEL B-1 0 ~- ~: ~ , ~o .._0 Z -~ O '" ,~ ~ . ..l~. [~ /--SOUTHERLY LiNE OF THE SOUTH Z~ ~':: ! ;': ?'" ::/:_ /1/2 OF THE NORTH 1/2 OF THE Z ~ I- ~ ~ ~ ~ . · ::.~ NORTH 1/2 OF THE SOUTHWEST ~ ~ i-- ~- ~ . ,:;. QUARTER OF THE NORTHEAST ~ ~,- .__N 84__~.8'45~ QUARTER OF SECTION 10, T. 13 S., ~ ~ =~ ~ ~ ]~ ,~o~ R., w.. S.B.M. . S88'53~7'E 1319.87' SOUTHWEST CORNER OF THE SOUTH 1/2 OF THE ~ NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST ~' QUARTER OF THE NORTHEAST QUARTER OF II SECTION 10, T. 13 S., R. 4 W., S.B.M. ~ I e~.v~ MY LICENSE EXPIRES JUNE 30, 2001 VIClNITYMAP NO SCALE P:Lg9001202 QUAJI. GARDENS DRIVE - PHAS~ 3~T,N.CV. EGAL OE~_,RIPTK~N~ARCF. L B~PARCE]. B*I RW E~ B (SKETCH~[~NG EXHIBIT El .,. ...,.,.. I¢-,, ..... ,2/..,~ ~CORDING REQUESTED BY ~9%ND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code ~ 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED Assessor Parcel Number: 257-011-03 [ ] Ail [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARTHA ABIGAIL MACHAIN ~REBY GRANTS TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. .' IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this day of , 2001. ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from Martha Abigail Machain, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City of Encinitas, a municipal corporation ted: By: Its: Machain/B-2/Uneconomic Remainder EXHIBIT A (LEGAL DESCRIPTION) UNECONOMICAL REMNANT PARCEL B-2 That portion of the South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest comer of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along the Northerly line of said South half of the North half of the North half of the Southwest Quarter South 88°58'38" East 3.03 feet to the beginning of a non-tangent curve concave eastedy having a radius of 1232.00 feet, a radial line to said point bears North 87°56'18" West; thence leaving said Northerly line southerly 162.82 feet along said curve through a central angle of 7°34'19" to the Southerly line of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence non-tangent from said curve along said Southerly line North 88°53'27" West 16.12 feet to the Southwest comer of said South half of the North half of the North half of the Southwest Q~arter of the Northeast Quarter of Section 10; thence along the Westedy line of said South half North 2°53'25" East 162.57 feet to the Point Of Beginning. Containing 1,264 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 Exp. 06130/01 EXHIBIT P:~99001202 Quail Gardens Drive - Phase 3~Calc~egal Desc~ptJon\Parcel B~Parcel B-2 UNEC REM Ex A (legal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) UNECONOMICAL REMNANT POINT OF BEGINNING / .---NORTHERLY LINE OF THE PARCEL B-2 ~ | JSOUTH 1/2 OF THE NORTH 1/2 / / ~OF THE NORTH I/2 OF THE ! J NORTHEAST QUARTER OF SECT,O,,O, T. 3S., R. 4W., · , ° S.S.M. NORTH 1/2 OF THE~/ ~--~-- , N88 5838"W 1319.28' SOUTHWEST ~ 63.04 QUARTER OF THE .~ ~32.01' ~28.00' / ~ NORTH~ST ~ III1~ ~ ~ ~ f - QUARTEROF ~ ~ll~ X ~ ~ / SE~iON 10, T. 13 S., L J I I ~ ~ ~ ~ --~, ~ ~ N87'53'~ R. 4 W., S.B.M.) ~' J I ~ ~ R~' ~ ~ S87'~'~"E ~ 3.03'~ __~T~----~ ~ ~.~ -- ~ ~ . ~11 F ~ ~I~ -.~ ~ ~PROPOS~D~UAIL _ ~1~ ~ ~ ~ GARDENS DRIVE ~'~ ~ ~1 I '~ ', ' · ' ~, 'N~ ' ~ ~ · ~O = I ~ ~ ~ · 8'58'E ~..,~g~ -I I' ~ ._,~ .~,L N~o ~ SO~HWEST ~ f S88'~'27"E 1319.87' CO,NE. OF~E ~ / SO~ 1~ OF ~E ¢ ~SOU~ERLY LINE OF THE SO~ 112 OF NOR~ 1~ OF THE ~ THE NORTH 1/2 OF ~E NOR~ 1/2 OF NOR~ 1~ OF THE ~ THE SOU~WEST QUAR~R OF ~E SOUTHWEST ~ NORTH~ST QUARTER OF SECTION 10, QUOTER OF THE I T. 13 S., R. 4 W., S.B.M. · , QUARTER OF I % ~ ~OE~ SECTION 10, T. 13 S., ~ ~( ~ I , ~1~ QUNL ~DENS D~E - P~SE ~E~ DE~R~I~C~ B~CEL ~2 UNEC REM ~ B (SK~CH}.~G EXHIBIT B RECORDING REQUESTED BY AND TER RECORDING M~IL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERI~4ENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-03 [ ] Ail [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, M~RTHA ABIGAIL MACHAIN HEREBY GRANTS to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the rmanent easement and right of way to construct, reconstruct, maintain, erate and repair an earth excavation or embankment, slope or slopes, and a ~orm drain, drains, or drainage, including any or all incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantor herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, ecmUnicipal corporation, is hereby accepted by the ersigned authorized officer on behalf of the City Encinitas, and the grantee hereby consents to ordation thereof by its duly authorized officer. Dated .By. Its: Machain/B-3/Slope & Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL B-3 That portion of the South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest comer of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along the Northerly line of said South half of the North half of the North half of the Southwest Quarter South 88°58'38" East 63.04 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°58'38" East 9.54 feet; thence leaving said Northerly line South 3°04'22" West 15.08 feet to a tangent curve concave Eastedy having a radius of 1110.00 feet; thence Southerly 138.37 feet along said curve through a central angle of 7°08'33"; thence non-tangent from said curve North 84°19'50" East 34.42 feet; then. ce South 5°40'10" East 13.46 feet to a point on the Southerly line of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence non-tangent from said curve alon.g said Southerly line North 88°~3'27" West 40.22 feet to a non-tangent curve concave Easterly having a radius of 1172.00 feet, a radial line to said point bears South 84°08'58" West; thence leaving said SOutherly line Northerly 162.94 feet along said curve through a central angle of 7°57'56" to the TRUE POINT OF BEGINNING. Containing 1.595 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Exp. 06/30/01 BRIAN K. MICKELSON, L.S. No. 7320 ~ No. 732o j~,~ LICENSE EXPIRES: JUNE 30, 2001 EXHIBIT A P:L99001202 Quail Gan3ens Drive - Phase 3~Calc~Legal Descdption~Parcel B~Parcel B-3 Slope-Drain Ex A (legal).doc Boekl EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES B~(~ ~NTN iONFG-~ ~-TRUE POINT OF ~NOR~ERLY LINE OF THE ~ BEGINNING /SOUTH 1/2 OF THE NOR~ 1/2 PARCEL B-3~IPARCEL B-3 /oF ~E NORTH 1/2 OF THE (NORTH~ST ¥ SOUT~EST QUARTER OF THE ~ ~ SECTION 10, T. 13 S., R. 4 W., SOU~WEST ~ o~.~- ~ QUARTER OF ~E ~ ~32.01' %28.00' ~ J~ , . 5 ~ , ~,;I I N87'56'18~ _ ~ ,I .m ~1~ ~ ~ ~ ~ I ~ PARCEL B'3 N~9'~ ~ ¢ PROPOSED QUAIL SOUmERLY LINE OF THE -- ~o~AL j ~ - GARDENS DRIVEoFSOUTH~E I/2NoR~OF ~ SO~HWEST CORNER OF THE SOU~WEST QUOTER OF ~E ~ ) a~ ! SOU~ 1~ OF ~E NORTH 1/2 OF NORTH~ST QUAR~R OF LE~D~ SOUTHWEST QUART~ OF ~E S.B.M. ~ I~ ~ SITE ~ ' BRIAN K. MICKELSON, L.S. ~ 7320 VICINI~ MAP MY LICENSE EXPIRES JUNE 30, 2~1 NO SC~E P:~1~2 QUAIL ~S DR~ - P~ 3~E~ DE~I~EL ~CEL ~ ~E.D~IN ~ B (S~CH).OWG EXHIBIT B RECORDING REQUESTED BY AND TER RECORDING M~IL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 ?itle Order No. Escrow No. Assessor Parcel No. 257-011-03 [ ] Ail IX] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, MARTHAABIGAIL MACHAIN HEREBY GRANTS to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, for 1) ~cess and 2) work and/or staging area, for a period beginning the earliest ~ 1) date of recordation of executed deed, 2) 'effective date of court of ~Smpetent jurisdiction's order of possession, or 3) effective date of grant of written right of entry, and ending 35 days after recordation by City or its contractor of a certificate of completion of project or 3~5 days whichever is earlier, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, ~escribed as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Temporary Construction Easement to be executed as of this day of , 2001. This is to certify that the interest in re~l property conveyed by this instrument to the City of Encinitas, nicipal corporation, is hereby accepted by the rsigned authorized officer on behalf of the City ncinitas, and the grantee hereby consents to .ecordation thereof by its duly authorized officer. Dated B~ Its: Machain/B-4/TCE 8o~k# I5 ,a~e# 271 EXHIBIT A (LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PARCEL S-4 That portion of the South half of the North half of the NoAh half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest comer of said South half of the NoAh half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along the NoAhedy line of said South half of the North half of the North half of the Southwest Quarter South 88"58'38" East 72.58 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°58'38" East 10.46 feet to a non-tangent curve concave Eastedy having a radius of 1152.00 feet, a radial line to said point bears North 87°51'58" West; thence leaving said Northerly line Southerly 151.90 feet along said curve through a central angle of 7"33'17"; thence non-tangent from said curve South 84"19'50" West 14.49 feet to a non-tangent curve concave Eastedy having a radius of 1110.00 feet, a radial line to said point beara South 85"55'49" West; thence Northerly 138.37 feet alon~ said curve through a central angle of 7"08'33"; thence tangent from said curve North 3°04'22" East 15.08 feet to the TRUE POINT OF BEGINNING. Containing 1,909 square feet, more or less, As shown on Exhibit "B" attached hereto and by this reference made a part hereof, Exp. 06/30/01 BRIAN K. MICKELSON, L.S. No. 7320 ~ No. 7320 ~, LICENSE EXPIRES: JUNE 30, 2001 ~~~'~ EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~:alc~Legal DescdplJon~Parcel B~Parcel B-4 TEMP CONST Ex A (legal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES POINT OF1 BEGINNING 1 TRUE POINT OF /--NORTHERLY LINE OF THE SOUTH (NORTHWEST I ' lNG -~ /1/2 OF THE NORTH1/2 OF THE CORNER OF THE ~ BEGINN ) NORTH 1/2 OF THE SOUTHWEST SOUTH 1/2 OF THE I / QUARTER OF THE NORTHEAST / o.6' QUARTEROr SECTION T. 3S., NORTH 1/2 OF THE t / ~ ' . ~. ,4, W., S.S.M. NORTH I/2 OF THE k- ~ /J f N885838"W 1319.28' ~ - SOUTHWEST ~.,~ 72,58' ~/ I QUARTER OF THE ~ NORTHEAST f// \~32.01' \x28.00'/ ~. I"'~"'"' ~ NS7O51,58., , ~ 15.08"'"-"~ -- __ v? SECTION 10, T. 13 S., ~ i R. 4W,,S,B.M.)3.03,~.~, tt ',. II \c~ ~q, .X,~ __ N8753'06'W .~ ~ ~ · /. ~' " ~ ~ ' '45E. ~ ~/ /;~ 't 'r ' N~-~,5o'~ ~ ~PROPOSED QUAIL ~SOUTHERLY LI"E OF THE ~ GARDENS DRIVE SOUTH 1~ OF ~E NORTH 1/2 OF THE NORTH 112 OF THE SOUTHWEST CORNER OF ~E SOUTHWEST QUARTER OF ~E SOU~ 1/2 OF ~E NORTH 1/2 OF NORTH~ST QUOTER OF ~ ~ THE NOR~ 1/2 OF THE SECTION 10, T. 13 S., R. 4 W., SOUTHWEST QUARTER OF ~E S.B.M. SECTION 10, T. 13 S,, R. 4 W., S.B.M. {~ SITE ~1 VICINI~ MAP ~~ MY LiCE.SE ~PIEES JUNE a0, 200~ NO SC~E EXHIBtT RECORDING REQUESTED ~ AND AFTER RECORDING MAIL TO: ntion: City Clerk IE CITY OF ENCINITAS 505S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERb~4ENTCODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-13 [ ] All [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, STANLEY N. NEILL and JANET N. NEILL, TRUSTEES OF THE NEILL FAMILY TRUST OF 2000, U/T/D DATED JUNE 7, 2000, FOR THE BENEFIT OF STANLEY N. NEILL and JANET N. NEILL HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County San Diego, State of California, its successors or assigns, the permanent sement and right of way to construct, reconstruct, maintain, operate and ~pair an earth excavation or embankment, slope or slopes, and a storm drain, drains, or drainage, including any or all incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. is to certify that the interest in real property by this instrument ho the City of Encinitas, municipal corporation, is hereby accepted by the undersigned authorized officer on behalf of the City of Encinitas, and the grantee hereby consents to recordation thereof by its duly authorized officer. Dated By. Its: ~)=.~ll /F-2/SloDe & DrainaGe Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL F-2 That portion of the South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at a point on the East and West centerfine of ~aid Section 10, distant thereon South 88°22'29. East 336.70 feet from the center of said Section 10; thence leaving said East and West centerline of Section 10 North 15°00'39" West 170.13 feet to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88°27'27" East 21.91 feet to the intersection of said Northerly line with the Westerly sideline of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC RIGHT OF WAY PURPOSES recorded November 1, 1989. as File No. 89-594744 of Official Records of San Diego County; thence leaving said Northerly line along said Westerly sideline of File No. 89-594744 and its Southerly prolongation South 15°00'39" East 144.25 feet to a tangent curve concave N'ortheastedy having a radius of 2032.00 feet; thence Southeasterly 25.97 feet along said curve through a central angle of 0°43'56" to a point on said East and West centedine of Section 10; thence non-tangent from said curve along said East and West centerline of Section 10 North 88°22'29" West 22.09 feet to the Point Of Beginning. Containing 3,575 square feet, more or less. TOGETHER WITH all abutters Right of Access along the course hereinabove described as South 15°00'39" East 144,25 feet. As shown on Exhibit "B" attached hereto and by this reference made a part hereof, i~' ~'~ Exp. 0~/30/01 ,~ NO. 7320 BRIAN K. MICKELSON, L.S. No. 7320 EXHIBIT A LICENSE EXPIRES: JUNE 30, 2001 -- P:~99001202 Quail Gardens Drive - Phase 3~Calc~.egal Descfipfion~Parcel F~arc~l F-2 Slope-Drain Ex A (legal).doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES ~/~f~-~.~ ,. '. '..~ .... / / BR.ANK M'OKE'SON. LB ~\"'~¢ SITE \ I ~, ~ ~D DD~D~OER ~ ~- X W X QUAIL N 88~ ~ ~ ~ , , 21.9, ~' ..~.1~~ X ~ X X INDICA~$~U[~RS ~ ~- "L":t'¢ ~ ~ ~ ~ ACCESS RIGHTS ~ NORTHE~YLINEOF~ESO~H ~;¢;:~'~ ~ ~ ~, ~ ~F OF THE SO~ H~ OF ~'~ ~ ~ ~ ~ RELINQUISHED HEREON ~ THE SO~ H~F OF ~E {~' ~ ~ ~ ~ ~ · ~ HO.THaT eU~TE. OF ~'~';~. 2 ~ q ~~ WESTE.LY UNE m~ SECTION 10, T .... 13 S. R 4 W, ~~~' :'~ '~ ~ ~DEED 1657/142. ~ ~ S.a.M. ~' ~ ~ ~ .- t ~ / ~ ~ CHEER OF SEC~ON ,0,~ POINT OF / X ''~ ' T, 13 S., R. 4 W., S.B.M. ~ BEGINNING / ~ ..c~o.,0, ~.,~,.,,.,w..,.,.~. ~ ~ISTING IRREVOCABLE OFFER TO DEDICATE ', ............. R~L PROPER~ FOR PUBLIC RIGHT OF WAY NOTE: D~ o~uwN ~ PURPOSES ~CORDED NOVEMBER 1 1~9 (PA~THESES) HEREON IS AS FILE NO 8~5947~ OF OFFIC~ ~CORDS. RECORD PER O.R. 8~5~7~ ' ~1~ ~ ~DENS ~- ~E 3~ DES~~ ~ F-2 ~n ~ 8 (~).D~ EXHIBIT B RECORDING REQUESTED BY THE CITY OF ENCINITAS AND AFTER RECORDING M~IL TO: JOHN PATRICK BISHOP and KATHLEEN LYNDA BISHOP, Trustees of the John Patrick Bishop and Kathleen Lynda Bishop 1997 Trust SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-13 [ ] Ail IX] Portions EASEMENT DEED For and in consideration of a valuable consideration, STANLEY N. NEILL and JANET N. NEILL, TRUSTEES OF THE NEILL FAMILY TRUST OF 2000, U/T/D DATED JUNE 7, 2000, FOR THE BENEFIT OF STANLEY N. NEILL and JANET N. NEILL HEREBY GRANT to JOHN PATRICK BISHOP and KATHLEEN LYNDA BISHOP, Trustees of the John Patrick Bishop and Kathleen Lynda Bishop 1997 Trust, their heirs, successors or assigns, a non-exclusive private driveway access easement and supporting slope easement for ingress and egress in all that real property situated in the City. of Encinitas, County of San Diego, State of California, described as follows: See legal descriptions in EXHIBIT "A," and depictions in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto Grantors herein, their heirs, successors and assigns the continued use of said property for all purposes not inconsistent with the access rights granted herein. Neill/F-3/Private Driveway/Slope Easement EXHIBIT A (LEGAL DESCRIPTION) SHEET 1 OF 2 PRIVATE DRIVEWAY EASEMENT PARCEL F-3a PRIVATE SLOPE EASEMENT PARCEL F-3b PARCEL F-3a That portion of the South half of the South half of the South half of the Southwest (3uarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinita$, County of San Diego, described as follows: A strip of land 12.00 feet in width, lying 6.00 feet measured at dght angles on each side of the following described line: Beginning at a point on the East and West centedine of said Section 10, distant thereon South 88°22'29" East 358.79 feet from the center of said Section 10, said point being the beginning of a non-tangent curve concave Northeasterly having a radius of 2032.00 feet, a radial line to said point beara South 74°15'25" West; thence Northerly 14.66 feet along said curve through a central angle of 0°24'48" to the TRUE POINT OF BEGINNI.NG; thence non-tangent from said curve North 88'24'32" West 12.55 feet to a tangent curve concave Northeasterly having a radius of 21.00 feet; thence Northwesterly 26.90 feet along, said curve through a central angle of 73*23'53"; then. ce tangent from said curve North 15°00'39" West 139.87 feet to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10. The sidelines of the aforedescdbed stdp of land shall be lengthened and/or shortened so as to terminate Northerly on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10 and Easterly on said curve having a radius of 2032.00 feet described herein. Parcel F-3a Containing 2,152 square feet, more or less. PARCEL F-3b That portion of the South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, described as follows: EXHIBIT A P:\99001202 Quail Gardens Drive - Phase 3\Calc~.egal DescrlptJon~Parcel ~Parcel F-3 DWY-Slope Ex A (legal).doc EXHIBIT A (LEGAL DESCRIPTION) SHEET 2 OF 2 PRIVATE DRIVEWAY EASEMENT PARCEL F-3a PRIVATE SLOPE EASEMENT PARCEL F-3b Beginning at a point on the East and West centedine of said Section 10, distant thereon South 88°22'29" East 316.27 feet from the center of said Section 10; thence leaving said East and West centedine of Section 10 North 39"30'00" West 27.91 feet; thence North 0"34'00" East 63,87 feet; thence North 15°00'39" West 81.52 feet to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88"27'27" East 2.09 feet to the intersection of said Northerly line with the Westerly sideline of the 12.00 foot strip of land hereinabove described as Parcel F-3a; thence leaving said Northerly line along said Westedy sideline of 12,00 foot stdp of land South 15°00'39" East 141.65 feet to a tangent curve concave northeasterly having a radius of 27.00 feet; thence Southwesterly 26.51 feet along said curve through a central angle of 56°15'04"; thence lea~,ing said Westerly sideline of 12.00 foot stdp of land non-tangent from said curve South 15°00'39" East 9.60 feet to a point on said East and West centedine of Section 10; thence along said East and West centedine of Section 10 North 88°22'29'' West 20.44 feet tg the Point Of Beginning. Parcel F-3b Containing 1,335 square feet, more or less. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 / ~ / LICENSE EXPIRES: JUNE 30, 2001 Exp. 0s/30/Ol ~ No. 7320 j~. EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) PRIVATE DRIVEWAY EASEMENT AND PRIVATE SLOPE EASEMENT BRIAN K. MICKELSON, L.S. # 7320 MY LICENSE EXPIRES JUNE 30, 2001 SITE PROPOSED VICINITY MAP NOSCALE ~FtC~_~._~ j QUAIL GARDENS DRIVE N 86'2~7' w \ 2.09', 362.58' 269.80' ~ORTHERLY LINE OF THE ~ ~ WESTERLY LINE m SOUTH HALF OF THE ~ DEED 1657/142 · SOUTH HALF OF THE SOUTH HALF OF THE ~. FmC. C_.)-jc (-" SOUTHWEST QUARTER ~ J~C~, ~J ,~ .~ Of THE NORTHEAST \ ~ QUARTER OF SECTION 10, ~" TRUE T. 13 S., R. 4 W., S.B.M. POINT OF PRIVATE u~ DRIVEWAY -- PARCEL F-3a PARCEL F-3a ,,, D=0'43'56' PARCEL F-3b -.__.~ R=2032.00' POINT OF ~ L=25.97' ~ BEGINNING ~ D=0'24'48' l/ PARCEL F-3a R=2032.00' / CENTER OF SECTION 10, L=14.66' T. 13 S., R. 4 W., S.B.M. ~. 316.27' , N 88'2Z29' W o 323 43' ESOUTHWEST EGINN NGPO NTO / / ?.6, QUARTER OF THE NORTHEAST QUAR~R PARCEL F-3b .¢/~/ , '~1 SECTION10, T. 13S. 5 \ CURVE DATA TABLE ~" PJ~'OtN~'' COURSE DATA TABLE DELTA RADIUS LENGTH # BEARING ILENGTHI 73'23'53" 21.00' 26.90' 1 N88°24'32"VV 12.55' \ 56'15'04" 27,00' 26.51 2 N 15°00'39"W 9,1~0' P:tg9001202 QUNL GARDENS DRIVE. pHASE 3~._.N.C',J.E GAL DESCRIP130N~ARCEL F~PARCEL F~3 DWY.SLOPE EX B {SKETCH).DWG EXHIBtT B RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: Family Trust 278 S. Oakland Avenue Pasadena, CA 91101 (Space above this line for Recorder's use) QUITCLAIM DEED Assessor's Parcel No(s). 257-011-13 The undersigned Grantor declares that the documentary transfer tax is $ [] Computed on full value of property conveyed, or D Computed on full value less liens and encumbrances remaining at time of sale. [] Unincorporated area ~ City of Encinitas Signature of Declarant or Agent Determining Tax. Fi~ Name City of Encinitas, a municipal corporation, for a valuable consideration, receipt of which is hereby acknowledged, hereby releases, remises and quitclaims to the Stanley N. Neill and Janet N. Neill, Trustees of the Neill Family Trust of 2000, U/T/D dated June 7, 2000, for the Benefit of Stanley N. Neill and Janet N. Neill 1 right, interest or title to a portion of that certain Irrevocable Offer Dedicate Real Property recorded November 1, 1989 as Document No. 89- 594744 in those portions of the real property, situated in the City of Encinitas, County of San Diego, State of California, more particularly described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by this reference. City of Encinitas, a municipal corporation Dated: By: Its: State of California County of } SS. On before me, personally appeared , [] personally known to me, [] or 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(ties), 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. ITNESS my hand and official seal, gnature [Seal] Neill/F-4/Vacate portion IOD EXHIBIT A (LEGAL DESCRIPTION) VACATION OF A PORTION OF IRREVOCABLE OFFER OF DEDICATION PARCEL F-4 That portion of the South half of the South half of the South half of the Southwest Ouarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows.* Beginning at the center of said Section 10; thence along the North and South centerline of said Section 10 thence North 2°53'25" East 30.01 feet to the intersection of said North and South centedine with the Northerly sideline of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC RIGHT OF WAY PURPOSES recorded November 1, 1989 as File No. 89-594744 of Official Records of San Diego County;, thence leaving said North and South centerline of Section 10 along said Northerly sideline South 88°22'29" East 322.14 feet to a tangent curve described in said IRREVOCABLE OFFER concave Northwesterly having a radius of 20.00 feet; thence Northeasterly 37.22 feet along said curve through a central angle of 106°38'10"; thence leaving the sideline of said IRREVOCABLE OFFER non-tangent from said..curve ~long the Southerly prod of the Westerly sidelin~ of said IRREVOCABLE OFFER South 15°00'39" East 32.24 feet to a tangent curve concave Northeasterly having a radius of 2032.00 feet; thence Southwesterly 25.97 feet along said curve through a central angle of 0°43'56" to a point on the East and West centerline of said Section 10; thence non- tangent from last said' curve along said East and West centerline of Section 10 North 88°22'29" West 358.79 feet to the Point Of Beginning. Containing 10,779 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Exp. 06130101 BRIAN K. MICKELSON, L.S. No. 7320 ,~ NO. 7320 LICENSE EXPIRES: JUNE 30, 2001 ~..X~'~l~I~ j P:~99001202 Quail Gardens Drive. Phase 3~Calc~egal Descdpfion~Parcel ~Parcel F-4 VAC of IOD Ex A (legal),doc EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) VACATION OF IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC RIGHT OF WAY i!~¢~¢' ~, SITE'1~ --. i'1~.,~ , ,~¥~~_ PROPOSED ~'~ ~ ~ ~ QUAIL VI~#AP ~ B~' 95' ~'. GARDENS ~ N ~'2~27" W ~ ~ ~ DRIVE ~=z.~ ~ 06.31 ~~ 56.27' LINE OF ~E SOCH %~ ~ ~ ~ ~ WES~RLY LINE ~F OF THE SO~ ~F OF '~ DEED 1657/142 ~E SOUTH H~F OF THE SOUTHWEST QUeeR OF THE NORTH~T QUeeR OF SECTION 10, T. 13 S., ~ 4 W., ~ ~ _ S.B.M. ~~ % NO, 1880-J ~=~-~'~o' , ~ ~ L=37.2~ (D=106'39'~") (R=20.00') ~ (L=37.23') ~ ' ~ ~ R=2032.00' / 3~.14' (3~.11') L~5.97'~_ PARCEL F~ 3~8.79' 422.76' (422.76') ~. N88'22'29'~/ .~ / ~'~ 1323.43' ~_ POINT OF ,'~5'~5 ~'''~ ' BEGINNING ';'""~¢4:)'~ CENTER OF SECTION 10, SOUTHERLY LINE OF THE T. 13 S., R. 4 W.S.B.M. SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, T. 13 S., R. 4 W., S.B.M. ( A~)-EXISTING IRREVOCABLE OFFER TO DEDICATE ~ REAL PROPERTY FOR PUBLIC RIGHT OF WAY SHOWN IN PURPOSES RECORDED NOVEMBER I, 1989 (PARANTHESES) HEREON IS AS FILE NO. 89-594744 OF OFFICIAL RECORDS. RECORD PER O.R. 89-594744 P:tg9oo12o2 QUNL GARDENS DRIVE. PHASE 3~CALC3J. EGAL DESCRIPTK3N~PARCEL RPARCEL F-4 Vac ~ IOO EX B (S~'rCH).DWG EXHIBIT 13 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code ~ 6103 Pursuant to R&T Code ~ 11922 (Space above this line for Recorder's use) GRANT DEED Assessor Parcel Number(s): 257-011-01 & 02 [ ] Ail [X] Portions FOR A%rALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOHN E. THILL and KATHY JO THILL HEREBY GRANT TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to b~ executed as of this day of , 2001. ACCEPTANCE This is to certify that the interest in real property conveyed by this Grant Deed, from John E. Thill and Kathy Jo Thill, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City of Encinitas, a municipal corporation By: Its: Thill/A-1/Accept IOD EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY OF FOR PUBLIC ROAD PURPOSES PARCEL A-2 That portion of the North half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest comer of said Southwest Quarter of the Northeast Quarter of Section 10; thence along the Northerly line of said Southwest Quarter of the Northeast Quarter of Section 10 South 89°02'57- East 50,38 feet to the TRUE POINT OF BEGINNING, said TRUE POINT OF BEGINNING being the Northeast comer of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for HIGHWAY PURPOSES recorded April 26, 1973 as File No. 73-111082 of Official Records of San Diego County and described as Parcel 73-0370 within said F!le No, 7.3- 111082; thence continuing along said Northerly line South 89°02'57" East 12.66 feet; thence leaving said Northerly line South 2°55'54" West 115,51 feet to a point on the Easterly line of said IRREVOCABLE OFFER OF DEDICATION per File No. '~3-111082, said point being the beginning of a non-tangent curve concave northeasterly having a radius of 2358,00 feet, a radial line to said point bears South 85°15'05" West; thence northerly 115.77 feet along said curve through a central angle of 2°48'47" to the TRUE POINT OF BEGINNING. Containing 785 Square Feet, more or less, As shown on Exhibit "B' attached hereto and by this reference made a part hereof, BRIAN K. MICKELSON, L.S. No, 7320 / LICENSE EXPIRES: JUNE 30, 2001 // ~ NO. 7320 EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Calc~Legal Descflptlon~Pamel A~Parcel A-2 RW Ex A (legal),doc 26 ~ #~p~ EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES NORTHERLY LINE OF ~E SOU~WEST QUARTER OF I QUARTER OF SECTION 10, ~-';~ T. ~3 S., R.~W.,S.B.~. TRUE VICINI~MAP POINT OF NO SC~E BEGINNING CEN~INE QUNL - 12.66' GARDENS DR~ PER ~ NO. 1 ~56 N 89'02'57" W 659.49' ~ POINT OF N~'03'52"E BEGINNING ~ ~D~ .... (NOR~ST CORNER OF ~E :EL A-2 SO--WEST ~STERLY LINE OF O.R. 7~111082 QUARTER OF ~E ~ ~ NOR~ST ~ ~ ~ (~3'57'56") QUARTER OF ~ ~ Z R=23~.00' (R=23~.00') O~ L=163.19' (L=163.20') SECTION 10, T. 13 S., ~ R, 4 w., S.B.M.) ~ _ ~< N, -J/2, JXL 1/2, N. 1/2, I~ ~O~ H z ~ o ~. 32' 28' ~s~ u.~ o~o... ~ ~ ~ ~ ~ ~ D=1'09'08" N~'~'38~ 1319.28' % . D=0'~'32' ~SOUTHERLY LINE OF THE NOR~ ~ R=12~.~' 1~ OF THE NORTH 112 OF THE L=17.~' NOR~ 1~ OF ~E SOUTH~ST ~ QUOTER OF ~E NOR~ST N87'~'38~ ~DIAL QUARTER OF SECTION 10, T. 13 S., R. 4 W.. S.B.M. BR~N K. MICKELSON, LS. ~ 7320 NOTE: DATA SHOWN IN MY LICENSE ~PIRES JUNE 30, 2001 (P~NTHESES) HE~ON IS RECORD PER O.~ 7~111082 EXHIBIT B RECORDING REQUESTED ~Y AND AFTER RECORDING MAIL TO: ntion: City Clerk THECITY OF ENCINITAS 505S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel Nos. 257-011-01 & 02 [ ] Ail [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, JOHN E. THILL and KATHY JO THILL HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent easement and right of way to construct, reconstruct, maintain, operate and ~pair an earth excavation or embankment, slope or slopes, and a storm drain, Wains, or drainage, including any or all incidents and appurtenances · [~hereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, ecUnicipal corporation, is hereby accepted by the ersigned authorized officer on behalf of the City Encinitas, and the grantee hereby consents to ordation thereof by its duly authorized officer. Dated _By Its: Thill/A-4/Slope & Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL A-4 That portion of the North half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest comer of said Southwest Quarter of the Northeast Quarter of Section 10; thence along the Northerly line of said Southwest Quarter South 89'02'57' East 63,04 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 89'02'57" East 23.85 feet; thence leaving said Northerly line of Southwest Quarter South 8°13'18" West 120,12 feet; thence South 3°04'22" West 43.45 feet to a point on the Southerly line of said North half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Southerly line North 88°58~J8" West 12.55 feet to a non-tangent curve concave Eastedy having a radius of 1172.00 feet, a radial line to said point bears North 87°53'06. West; thence leaving said Southerly line Northerly 16.71 feet along said curve through a central angle of 0°49'00"; thence tangent from said curve North 2°55'54" Ea{t 145.94 feet to the TRUE POINT OF BEGINNING. Containing 2,734 square feet, more or less. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 Exp. o6/30/Ol / EXHIBIT A P:L99001202 Quail Gardens Drive - Phase 3~Calc~Legal Desc~ption~Parcel A~Parcel A-4 Slope-drain Ex A (legal).doc 3] EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE & DRAINAGE PURPOSES TRACT CENTERLINE QUAIL I GARDENS DRIVE ~ PER MAP NO. 13356 ~ NORTHERLY LINE OF- (TR. NO. 94-066)~ _~36' 36' ~ THE SOUTHWEST I -TRUE POINT OF QUARTER OF THE NORTHEAST 3.oo'-q-- / BEGINNING QUARTER OF POINT OF--x. i ~ SECTION 10, m. a3 S., BEGINNING ~ xl ~ N 89'02'~?' W 889.40' --X~-w'' S.B.U. (NORTHWEST ~ CORNER OF THE // \)~ 32,02' ~ 28.02'/i / 23 85'~1~ JL -J/Z,, IXL -1/2, l J -J/_~, SOUTHWEST j' IX' ..... ' ' -- IX, .... QUAR ROFTHENoRT.EAST /32'_/ S.W. 1/4, NZ. 1/4, SEOTION 10, T. 13 S., ~ ~- -- ~ A- !q :'~ '~ c~ /I ~'~ . ~ ~. ~,~ <~' ,~ CURVEDATA TAB~ ~ Z~O~ II ~ ~ ~ ~ ~ I' ' ~ SO~HERLY LINE OF THE NOR~ -- ~m~m ~ / J~ ~ 1/2 OF THE NORTH I/2 OF THE -.I ~ ~ ~ t ~ ~,~ NORTH ll2 OF THE SOU~WEST ~ ~ .. ~ ~ ~ ~ ~ I~ QUARTEROF~ENOR~ST :: ~ ~ ~ / ~ ~ ~"1'"~ QUARTER OF SECTION10 T 13S. m O ~ ~ ~: o ' SOUTHWEST ~ ~X CORNER OF THE NOR~ 1~ OF ~E NOR~ l~ OF ~E 3.03'~ NOR~ 1~ OF THE OF THE SO~HWEST QUARTER OF THE ~1~ NORTH~ST QUARTER OF ~IAL BRIAN K. MICKELSON, L.S. ~ 7320 ~ - MY LICENSE ~PIRES JUNE 30, 2001 VJC]NI~MAP NO SC~E EX~lU~ I RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERi~4ENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel Nos. 257-011-01 & 02 [ ] Ail IX] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, JOHN E. THILL and KATHX JO THILL, GRANTORS HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, for 1) access and 2) work and/or staging area, for a period beginning the earliest of 1) ate of recordation of executed deed, 2) effective date of court of competent ]risdiction's order of possession, or 3} effective date of grant of written iht of entry, and ending 35 days after recordation by City or its contractor of a certificate of completion of project or ~ days whichever is earlier, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Temporary Construction Easement to be executed as of this day of , 2001. This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, a municipal corporation, is hereby accepted by the undersigned authorized officer on behalf of the City of Encinitas, and the grantee hereby consents to =ordation thereof by its duly authorized officer. Its: EXHIBIT A (LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PARCEL A-5 That portion of the North half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest corner of said Southwest Quarter of the Northeast Quarter of Section 10; thence along the Northerly line of said Southwest Quarter South 89°02'57" East 86.89 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 89°02'57" East 26.65 feet; thence leaving said Northerly line of Southwest Quarter South 0°54'14" East 123.73 feet; thence South 46°44'39" West 55.82 feet to a point on the Southerly line of said North half of the North half of th.e North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Southerly line North 88°58'38" West 7.46 feet; thence leaving said Southe. dy line North 3°04'22" West 43.45 feet; thence North 8°13'18" East 120.12 f~et to the TRUE POINT OF BEGINNING. Containing 5,560 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2001 ~No. 752O EXHIBIT A P:~9001202 Ouail Gardens Drive - Phase 3~C;Ic~Legat Oe$cripl~on~Pa¢cel A~Parcel A-5 TEMP CONST Ex A (leg~).doc Book# - EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PER MAP NO. 13356 J "~R' I o~, I NORTHERLY LINE OF -- (TR.NO, 94~66)---,.,.~ '~'" 'i: o¥ ~, THE SOUTHWEST I ~. I -TRUE POINT QUARTER OF THE , I "~ / -- NORTHEAST QUARTER 3.oo ~ OF BEGINNING OF SECTInN In )/1 , .:. I::Jl::{,.3 P, II~ i ~_ ~ J ~ ~ N 89 0257 W 659.49, (NORTHWEST '~ I 86.89' - ~ CORNER OF THE ~ ~ 32.02' Il 28.02' '~ 23.85' ~ 26.6~' SOUTHWEST ~"11 ~. .i' , I ":. :; ~', QU,,,,TER O~: THE , /' ,Itll i ~:':.~:~,-' ,. ,- ,. NORTH~T /1///32 ,28 :'":::!~:~!~.:' N. 1/2, N.-J/2, N 1/2, QUARTER Of Il/ 6(I I~; ?:.;-: R 4W,S.B.M.) ~1~=o <~ ;~ I,~$~1 r" II ,-,,,,... ,¢~--I FL OT ~u.~-' ~ ' ~ '"~ ~ '~',~.~_-~,'~' ~o~-~ ,..11~ ~...., ,~-~.,,.o, r¢ Z . ~m m - , ~ · u ~z~ ~ ~ , ~,/ ~;~=~"~ OF~ENOR~I~OF~E ~ ~o ~ ~ j ~;.~;'~ SOU~WESTQU~OF L ~ ~11 ~ /~; ;~ THENORTH~STQU~EROF ~ ~= ~ . , II/ ~ ~ /.] ~'g:'.~ . SECTION10, T. 13S.,R. 4W.,~ ~ o ~fl~...~ ..~ i~ T~~ / ~32.o~ ~ 28.00 /~ ~ souTH~ssT ~ -- - . CORNE~ OF THE ~ ~ ~, ~ NS~a~S~ ~3~9.25' / ~ ~ , ~ N87 53 06~ NO~TH ~OF~E ~ t~ ~ ~ .~ ~ ~ NOR~ 1~ OF ~E ~ ~ 5¢~8"~ ~D~AL OF THE SOU~ST ~ ~D~ ~ QUA~TE~OF~ ~ ~E~E DA TA TABLE SECTION10T. 13S. ~ ~ 0'~12' 12=.m ~ 1&71 ~ ~ ...... / / J BRIAN K. MICKELSON, L.S. ~ 7320 ~~~/aY L,CE,SE ~*,,,, JUNe 30. 200, V/C/N/~ MAP ~ NO S~E EXHIBIT ~ ORDING REQUESTED B~ WHEN RECORDED MAIL TO: John E. Thill and Kathy Jo Thill 675 Quail Gardens Drive Encinitas, CA 92024 (Space above this line for Recorder's use) QUITCLAIM DEED Assessor's Parcel No(s). 257-011-01 & 02 The undersigned Grantor declares that the documentary transfer tax is $ ~ Computed on full value of property conveyed, or [] Computed on full value less liens and encumbrances remaining at time of sale. ~ Unincorporated area ~ City of Encinitas Signature of Declarant or Agent Determining Tax. Fi~.N~e City of Encinitas, a municipal corporation, for a valuable consideration, receipt of which is hereby acknowledged, hereby releases, remises and quitclaims to the John E. Thill and Kathy Jo right, interest or title to a portion of that certain Irrevocable Offer to Dedicate Real Property recorded April 26, 1973 as Document No. 73-111082 in those portions of the real property, situated in the City of Encinitas, County of San Diego, State of California, more particularly described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by this reference. City of Encinitas, a municipal corporation Dated: By: Its: State of California County of } SS. On before me, personally appeared f [] personally known to me, [] or 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(ties), 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. my hand and official seal, Signature [Seal] Thill/A-3/Vacate portion IOD EXHIBIT A (LEGAL DESCRIPTION) VACATION OF IRREVOCABLE OFFER OF DEDICATION FOR HIGHWAY PURPOSES PARCEL A-3 That portion of the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for HIGHWAY PURPOSES recorded Apdl 26, 1973 as File No. 73-111082 of Official Records of San Diego County and described as Parcel 73-0370 within said File No. 73-111082, lying within the North half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bemardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Southwest corner of said North half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along the Southerly line of said North half of the North half of the North half South 88'58'38' East 69.73 feet to the Southeast comer of land described in said IRREVOCABLE OFFER OF DEDICATION per File No. 73-111082, said Southeast comer being the True Point of Beginning; thence leaving said Southerly line along the Eastedy line of said File No. 73-111082, said Easterly line being a nob- tangent curve concave Northeasterly having a radius of 2358.00 feet, a radial line to the beginning of said curve beam South 84°05'57" West; thence Northerly 47.42 fea.t, along said curve through a central angle of 1'09'08"; thence leaving said Easterly line South 2'55'54" West 30.44 feet to a tangent curve concave eastedy having a radius of 1172.00 feet; thence southerly 16.71 feat along said curve through a central angle of 0°49'00" to a point on said S~uthedy line of said North half of the North half of the North half; thence non-tangent from said curve along said southerly line South 88'58'38" East 6.69 feat to the True Point of Beginning. Containing 156 Square Feet, more or less. As shown on Exhibit'B' attached hereto and by this reference made a part. hereof. BRIAN K. MICKELSON, L.S. No, 7320 ( Exp. 06/30/01 ~ ~ LICENSE EXPIRES: JUNE 30, 2001 ~ No. 7320 ~.~-/ EXHIBIT A P:~99001202 Quail Gardens Drive - Phase 3~Calc'tLegal De$ctiptio~Oamel A~Parcel A-3 VAC of IOD Ex A (legal).doc 28 Book# EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) VACATION OF IRREVOCABLE OFFER OF DEDICATION FOR HIGHWAY PURPOSES CENTERL_I.N_E ~..*!LI ~ __ -.r~ACT lxJO. .g4-06'--"~ GARDENS DRIVEr k.---~72' I J~ '"-'"' ' ' ' PER MAP NO. 13356~ L 36'~ NORTHERLY LINE OF THE (TR. NO. 94-066]~ '- SOUTHWEST QUARTER OF I I ~ THE NORTHEAST-~ / ~ QUARTER OF SECTION 10, ~ · , · T. 13S.,R. 4W.,S.B.M. J / _~, ...... N 89 02 57 W 659 49' r'?/~ 32.02. /I k~ N.'O3'.2'E NOTE: DATA SHOWN,N ) ~'~/~t_ f i ~'",,, ~-~ ~ ~-'~---- (PARANTHESES) HEREON IS : 3.oo'--~-~..~ I/32'Z 78' 1~ RECORO.ERO.R. 7~-111082 ~ I1( -- 6(~' -i ?2.b~.-~EA~TER'Y UNE O~ O.R. w~o~ ~. Q.~. ~: I~ · ' ~ ~ ~ ~ ~ .;~ ~., ~ SOUTHERLY ',NE O, ~E NORT~ L~ FII~'' (-'~J ~t ~-' N$5°15~'05.E~ I/2 OF THE NORTH II2 OF THE~ '~- EF ~,11 ~ u') ~,..x RADIAL NORTH1/2 OF THE SOUTHWEST ~ ~ ? ~ Z l J I -- -- QUARTER OF THE NORTHEAST O ~ ~. I I J[ ,.-.,, - \ QUARTER OF SECTION 10, T 13 S, u) O ¢5 · · ~ d lit (,~ ~ ~ ~ R. 4W.,S;B.M. PO~N~ OF L~ ?~ · ~ ~. ~ ~ PA~CE,^-~ . . ~ .......... (69 73') CORNER OF%E /~----~-- (~9.7,3') --1~''~ N ........... . NORTH 1/2 OF TT~E / J ~ ..... ~ moo-oo'~o-w 1319.28 ~ · NORTH 1/20~..,~..~. ~TRUE POINT OF NORTH1/2 o~~ %~;Z BEGiNNiNG OF THE SOU~T I "'~_~7'56'1~'E ~-~IA~-'-- RADIAL (SOUTHEAST CORNER QUARTER OF THE I RADIAL~ OF O R 73 111082~ NORTHEAST I CURVE DATA TABLE ' ' ' ' ..... (~ ' ' , · ' ' ~ ?1 ~ , P:kg~(~12O2 ~UNk GARDENS DRIVE. I~,~,~E 3~,AI.G1,LEGAL DES~RII~ION~ARCE. L A',PARCEL A-3 VA¢ OF IOD E~ B ($KETCH).DWG EXHIBIT B