2001-195830· Recording e,uested By: ) 2001-0195850
)
City Engineer ) Apr- 02 , 20021_ 4: 30 PM
)
When Recorded Mail to: ) OFFICIal_ E~C0RI)$
City Clerk ) 8~t DIE~ ~UNIY kECI~I)E~'8 OFFICE
City of Encinitas ) ~4EGORY J. SMIllt, C0[1[t1¥ [EOORDER
FEES: 0.00
505 South Vulcan Avenue ) 0C: ~q
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY )
)SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY ItlGHWAY
Assessor's Parcel No. Project No.: TM 94-066
254-613-01 W.O. No.: 5661 - I
Encinitas Ranch Golf Authority, a Joint Exercise Powers Agency duly organized and existing
Under the laws of the State of California
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City of Encinitas,
State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public
highway upon, over and across that certain real property in the City of Encinitas, County of San
Diego, State of California, described as follows:
SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to
extend drainage structures and excavation and embankment slopes beyond the limits of the herein
described right-of-way where required for the construction and maintenance of said CITY highway.
Reserving unto the GRANTOR of the above described parcel of land, his successors or assigns, the
right to eliminate such slopes and/or drainage structures or portions thereof, when in the written
opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first approved in writing
by the City Engineer.
grant.h .wy 4-16-1999 jlr ]_
· The ~rantor hereby furtheeants tO the Grantee all trees, growths,~owing or that may hereafter
grow), and road building materials within said right-of-way, including the right to take water,
together with the right to use the same in such a manner and at such locations as said Grantee may
deem proper, needful, or necessary, in the construction, reconstruction, improvement, or
maintenance of said highway.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all
damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
Datedthis /57/ dayofttS~. ,2Ocr{/./////'~J////~?7~fz_~/x
Signature of Owners to be notarized.
Attach the appropriate acknowledgments .
This is to certify that the interest in real property conveyed by deed or grant to the City of
Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the
City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: _'Z,/'/.-O / t~ f . ,~
By: (~h~,~~
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
grant.hwy 4-16~ 1999 jlr 2
ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS,
County of San Diego )
On February 1, 2001, before me, Patricia Drew, Notary Public,
appeared Kerry L. Miller, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that
by his signature on the instrument, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal
Patricia Drew, Notary Public
My Commission Expires June 22, 2001 SEAL
pd\misc\ack. LW
EXHIBIT "A"
LEGAL DESCRIPTION FOR
STREET AND PUBLIC UTILITY EASEMENT
That portion of Lot 53 of Tract No. 94-066 in the City of Encinitas, County of San Diego, State of
California recorded September 4, 1996, as Map No. 13356, records of said County, described as
follows:
Beginning at the Easterly terminus of the course shown as "N71°50'00" E 115.00' "along the
Southerly line of Paseo de las Flores as shown on said map, said point being on a tangent curve
concave Northerly having a radius of 580.00 feet; thence Easterly 127.47 feet along said Southerly
line through a central angle of 12°35'31'' to the Easterly line of said lot; thence South 12°17'15"
East 50.65 feet along said Easterly line to a point on a non-tangent curve concave Southerly
having a radius of 220.00 feet, the Northwesterly terminus of said curve being tangent to said
Southerly line of Paseo de las Flores, a radial line to said point bears North 15° 16'48" East; thence
leaving said Easterly line, Westerly 128.43 feet along said curve through a central angle of
33026'48'' to the Point of Beginning.
As shown on Exhibit "B" attached hereto and made a part hereof.
, No. 6654
Rory ~illiams L. L. S. No. 6654
Registration Expires: December 31, 2003
Revised March 10, 2000
January 25, 1999
Page 1 of 1
W.O. 1774-21X
H&A Legal No. 4637rl
Prepared By: H. Foss
Checked By: R. Williams/tl/tj
EXHIBIT "B"
Sketch to Accompany Legal Description
Exp. 12/31/03 ~ORY (y' WILLIAMS. L.S. 6654
LICENSE EXPIRES: 12-51-05
"~"~:{ ~ ~C~ ...... ................
SEE SHEET 2 FOR VICINITY MAP,(x~%.%.
P 0 B .~,~.o; .,,,,
s12o~7'~ ,5"E
% - ........... .-- _ so.6s
/ ,,' ',,,2064 SF,
LEGEND I
~ PUBLIC STREET AND UTILITY EASEMENT ~ ~::~ -i~ ~I
GRANTED HEREON, ~..,.
I-Iunsaker & Associates EASEMENT
Irvine, Inc. FOR STREET AND UTILITY PURPOSES
D^~= 01-22-99 D^~ 06-19-00 .Dwcs~ H. Foss B~c"'" V. EDGE SCALE: 1"=40' W.O. 1774-21X
I= 1774-21/LD/4637/EXHIBITB.DWG j ,~,o~ NONE I H&A LEGAL No. 46.37 SHEET I OF 2
EXHIBIT "B"
Sketch to Accompany Legwt Description
CITY OF CARLS_~AD
SITE
VICINITY MAP
NO SCALE
ttunsaker & Associates EASEMENT
/rvine, Inc.
D^~: 01--22--991 "~' I
o^~ 05-10-00 I'°w~ex H. FOSS Bx~<'~ V. EDGE SCALE: NONE W.O. 1774-21X
I: 1774-21/LD/4637/EXHIBITB.DWG ,N NONE H&A LEGAL No. 4657 SHEET 2 OF 2
I