2000-254882 Recording Requested By: I )
) DOC 2000-02548132
City of Encinitas )
) Hay 16, 2000 4:59
When Recorded Mail to: ) 0t:FICI~L REI~DB
City Clerk ) SAN DIEGO gOUTY RECORDER'S OFFICE
City of Encinitas ) 1 0~,1 ~ GI~GOR¥ ). SMITH, COt~IY REI~DER
505 South Vulcan Avenue ) FEES: 0.00
FoREncinitas'THECABENEFIT92024 OF THE CITYU l lilllII II II III III IIIII II I II
F/-¢~ ,- ~ooo.o~4~e .G)ER'S USE ONLY
I ~ ~ EASEMENT FOR PUBLIC ACCESS AND
~_ LANDSCAPE MAINTENANCE PURPOSES
0c_,,tR , / '
...~ Asse3~or's Parc~ ~ Project No.: T~ 914-066
.~ ..... ers Age y y ~ 'zed and existing under
/./~ the laws of the State of Califomia, and Open Space Holding LLC, a California Limited Liability
Company,
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas,
State of Califomia, hereinafter called GRANTEE, the right of way and incidents thereto for a public
access and landscape maimenance easemem, 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 public access
and landscape maintenance facilities. 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.
Pub.access and ldscp.maint6-3-1999 jlr i
21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
personally appeared
pemonally me - - ~ proved to me ~ ~e basis of ~tisfacto~ evidence to ~ the pem~(s)
known
to
OR
who~ n~e(s) i~are sub.bed to the wi~in instrument
~d ac~owled~d to me that h~sh~they executed the
same in hi~er~ir autho~z~ ~aci~(ies), and ~at by
hi~er~heir signature(s) on ~e instrument the pem~(s),
or the enti~ upon behalf of which the person(s) acted,
y C~n E~ June ~, 2~1
OP~ONAL
Description of A~ached D~ument
Signer(s) ~her Than Named Above:
Capaci~(ies) Claim~ by Signer(s)
Signer's Name: ~g~ ~, ~D~ Signer's Name:
~ Ind~idual ~ Individual
~le(s): ~tle(s):
~ PaAner -- ~ Lim~ed ~ General ~ Padner ~ ~ Limited ~ General
~ A~omey-in-Fact ~ AEomey-in-Fa~
~ Tm~ee ~ Trustee
~ Guardian or Conse~ator ~ ~ Gua~ian or Conse~ator
~ O~er: Top of th~b h~e ~ Other: Top ~ ~umb h~e
Signer Is Representing: Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
FOR LANDSCAPE MAINTENANCE EASEMENT
PARCEL 1
A strip of land 3.00 feet wide, over those portions of Lots 68 and 73 of Tract No. 94-066 in the
City of Encinitas, County of San Diego, State of California filed as Map No. 13356, Records of
said County, the Northerly, Northeasterly, and Easterly line of said strip is described as follows:
Beginning at the Northerly terminus of the course shown as" N49°55'55'~W 90.78' "along the
Westerly line of said Lot 73, said terminus being a point on a non-tangent curve concave
Southerly having a radius of 470.00 feet, a radial line to said point bears North 40o09'00'' West,
said terminus also being on the generally Southerly right-of-way of Quail Gardens Drive; thence
along said right-of-way line the following courses: Easterly 330.57 feet along said curve through
a central angle of 40° 17'52", South 89°51'08" East 109.61 feet, Southeasterly 454.23 feet along a
tangent curve concave Southerly having a radius of 589.00 feet through a central angle of
44°11'08", tangent from said curve, South 45o40'00'' East 120.09 feet, Southeasterly 97.59 feet
along a tangent curve concave Southwesterly having a radius of 514.00 feet through a central
angle of 10°52'43"; Southeasterly 302.69 feet along a tangent reverse curve concave
Northeasterly having a radius of 586.00 feet, through a central angle of 29035'43'' and
Southeasterly 472.64 feet along a tangent reverse curve concave Southwesterly having a radius
of 514.00 feet, through a central angle of 52°41'07" to the boundary of said Lot 68.
The Southerly and Southwesterly line of said strip shall be prolonged or shortened so as to
terminate Westerly on the Westerly line of said Lot 73 and prolonged or shortened Southerly so
as to ternfinate on the boundary of said Lot 68 that has a course shown as "N85°02'00'' E 401.72'"
on said map.
Revised May 1, 2000
November 19, 1998
Page i of 5
W.O. 1774-21X
H&A Legal No. 4603
Prepared By: H. Foss
Ck'd By: R. Williams/ti
PARCEL 2
A strip of land, 3.00 feet wide, over those portions of Lots 59, 61, 65, 66, 68 and 73 of Tract No.
94-066 in the City of Encinitas, County of San Diego, State of California filed as Map No.
13356, Records of said County, the Southwesterly and Westerly line of said strip is described as
follows:
Beginning at the intersection of the Northwesterly line of said Lot 73 with the Northeasterly
right-of-way line of Quail Gardens Drive as shown on said map, said intersection being a point
on a non-tangent curve concave Northeasterly having a radius of 514.00 feet, a radial line to
said point bears South 48o18'23'' West; thence along said right-of-way the following courses:
Southeasterly 205.09 feet along said curve through a central angle of 22°51'43'', Southerly
614.17 feet along a tangent reverse curve concave Southwesterly having a radius of 586.00 feet
through a central angle of 60°03'00", tangent from said curve, South 4o20'00'' East 244.00 feet,
Southerly 285.82 feet along a tangent curve concave Westerly having a radius of 736.00 feet,
through a central angle of 22°15'00'', tangent from said curve, South 17o55'00'' West 268.69
feet, Southerly 163.27 feet along a tangent curve concave Easterly having a radius of 514.00 feet
through a central angle of 18°12'00'', tangent from said curve, South 0°17'00'' East 649.68 feet,
Southerly 168.06 feet along a tangent curve concave Easterly having a radius of 1064.00 feet
through a central angle of 9°03'00'', tangent from said curve, South 9020'00'' East 154.46 feet,
Southerly 365.98 feet along a tangent curve concave Westerly having a radius of 586.00 feet
through a central angle of 35047'02'' and tangent from said curve, South 26027'02'' West 93.00
feet; thence leaving said right-of-way, S26°27'02'' West 88.00 feet to said right-of-way; thence
continuing along said right-of-way, the following courses: South 26027'02'' West 920.84 feet,
Southerly 190.97 feet along a tangent curve concave Easterly having a radius of 514.00 feet
through a central angle of 21°17'15'', tangent from said curve, South 5o09'47'' West 21.71 feet
and Southerly 4.54 feet along a tangent curve concave Easterly having a radius of 20.00 feet
through a central angle of 12o59'43'' to Point "A".
Revised May 1, 2000
November 19, 1998
Page 2 of 5
W.O. 1774-21X
H&A Legal No. 4603
Prepared By: H. Foss
Ck'd By: R. Williams/ti
~he No?theasterly line of said strip is to be prolonged Northwesterly so as to terminate on the
Northwesterly line of said Lot 73.
PARCEL 3
Those portions of Lots 59 and 61 of Tract No. 94-066 in the City of Encinitas, County of San
Diego, State of California filed as Map No. 13356, Records of said County, lying Southeasterly
of the following described line:
Beginning at Point A hereinabove described in Parcel 2, said point being on a non-tangent
curve concave Northwesterly having a radius of 1330.00 feet, a radial line to said point bears
South 7024'05'' East; thence Northeasterly 1019.78 feet along said curve through a central angle
of 43°55'54"; thence tangent from said curve, North 40°02'31TM East 250.07 feet; thence North
38°40'01" East 50.00 feet to the beginning of a tangent curve concave Southeasterly having a
radius of 1264.00 feet; thence Northeasterly 283.13 feet along said curve through a central
angle of 12050'02'' to the most Southwesterly line of Lot 63 of said tract.
Except that portion from said lots lying Southerly and Southeasterly of the Northerly and
Northwesterly right-of-way of Leucadia Boulevard and lying Westerly of the Easterly right-of-
way of Quail Gardens Drive as shown on said map.
Also except that portion included within Parcel 2 described above.
PARCEL 4
Those portions of Lots 59 and 60 of Tract No. 94-066 in the City of Encinitas, County of San
Diego, State of California filed as Map No. 13356, Records of said County, lying Northerly and
Northwesterly of the following described line:
Beginning at a point distant South 5009'47" West 4.28 feet from the Northerly terminus of the
course shown as "N5°09'47"E 136.71'" along the right-of-way of Quail Gardens Drive, said
point being on a non-tangent curve concave Northerly having a radius of 1470.00 feet, a radial
Revised May 1, 2000
November 19, 1998
Page 3 of 5
W.O. 1774-21X
H&A Legal No. 4603
Prepared By: H. Foss
Ck'd By: R. Williams/tl
5
lihe to ~aid point bears South 6°31'32'' East; thence Easterly 1159.80 feet along said curve
through a central angle of 45"12'18"; thence non-tangent from said curve, North 37° 17'32" East
250.07 feet; thence North 38°40'01" East 50.00 feet to the beginning of a tangent curve concave
Southeasterly having a radius of 1,136.00 feet; thence Northeasterly 546.02 feet along said
curve through a central angle of 27o32'22'' to the Westerly line of Lot 70 of said tract.
Except that portion lying Northerly of the Southerly right-of-way of Leucadia Boulevard and
Westerly of the Easterly right-of-way of Quail Gardens Drive as shown on said map.
PARCEL 5
A strip of land, 3.00 feet wide, over those portions of Lots 57 and 59 of Tract No. 94-066 in the
City of Encinitas, County of San Diego, State of California filed as Map No. 13356, Records of
said County, the Westerly line of said strip is described as follows:
Beginning at a point distant South 5o09'47'' West 4.28 feet from the Northerly terminus of the
course shown as "N5°09'47"E 136.71' "along the right-of-way of Quail Gardens Drive as shown
on said map; thence along said right-of-way, the following courses: South 5o09'47'' West 132.43
feet, Southerly 42.20 feet along a tangent curve concave Westerly having a radius of 260.00 feet
through a central angle of 9°17'55", tangent from said curve, South 14027'42'' West 32.14 feet,
Southerly 19.31 feet along a tangent curve concave Easterly having a radius of 240.00 feet
through a central angle of 4036'39'' and Southwesterly 238.02 feet along a tangent reverse curve
concave Northwesterly having a radius of 586.00 feet through a central angle of 23°16'20''.
The Easterly line of said strip shall be prolonged Northerly so as to terminate Northerly on the
Southerly right-of-way line of Leucadia Boulevard as shown on said map and prolonged
Southerly to the Northerly right-of-way of Paseo de las Flores as shown on said map.
Except therefrom that portion lying within Parcel 4 described above.
Revised May 1, 2000
November 19, 1998
Page 4 of 5
W.O. 1774-21X
H&A Legal No. 4603
Prepared By: H. Foss
Ck'd By: R. Williams/tl
pARcEL 6
A strip of land, 3.00 feet wide, over that portion of Lot 55 of Tract No. 94-066 in the City of
Encinitas, County of San Diego, State of California filed as Map No. 13356, Records of said
County, the Northwesterly line of said strip is described as follows:
Beginning at the Northeasterly terminus of course shown as "Delta=7°06'28'', R=586.00',
L=72.70' "along the Southeasterly right-of-way of Quail Gardens Drive shown on said map;
thence along said right-of-way the following courses: Southwesterly 72.70 feet along a curve
concave Northwesterly having a radius of 586.00 feet, a radial line to the beginning of said
curve bears, South 47o19'28'' East, through a central angle of 7°06'28'', tangent from said curve,
South 49047'00'' West 351.43 feet and Southwesterly 205.15 feet along a tangent curve concave
Southeasterly having a radius of 514.00 feet, through a central angle of 22o52'04'' to the
boundary of said lot.
The Southeasterly line of said strip is to be prolonged Northeasterly to terminate on the
Southwesterly line of Paseo de los Flores as shown on said map.
As more particularly shown on Exhibit "B" attached hereto and made a part hereof.
~No. 6654
Rory S. ~l~iams, L.S. No. 6654
License Expires: December 31, 2003
Revised May 1, 2000
November 19, 1998
Page 5 of 5
W.O. 1774-21X
H&A Legal No. 4603
Prepared By: H. Foss
Ck'd By: R. Williams/tl
EXHIBIT "B"
Sketch to Accompany Legal Descr~p~on
LICENSE:EXPIRES: 12-31-03
P.O,B~ PARCEL 1 ,'
PARCEL 1
LEGEND
~ LANDSCAPE MAINTENANCE AND
PUBLIC ACCESS EASEMENT GRANTED HE ,
INDICATES SCALE EXAGGERATED
SEE SHEET 7 FOR VICINITY MAP
HUNSAKER & ASSOCIATES EASEMENT
~ ~ v ~ ~ ~ ~ ~ c FO~ ~NDSGAPE MAIHTENAHGE AND
P~NINC ENGINEERING · SURV~NC PUBLIC ACCESS EASEMENT
I: ENQN'nS~94-066XLOX4603~SHTOt0~ ~ NONE H&A LEGAL No. 4603 SHEET 1 OF 7
EXHIBIT "B" 10£2
Sketch to Accompany Legal Description
PARCEL 2
o ~ . _ ....................
/
PARCEL 1 ........ -..
,, .-' so4~2o'oo"~ (.~ ~:}
X. N85~0200 E ...' ..... 7 244.00'
'- 401.72' pER
MAP 13556 ,,
A =22'15'00''
SEE SHEET 3
~ .uNsA~ ~ ~SSOC]ATZS EASEMENT
~ . v ~ N [ ~ N C FOR ~NDSCAPE MAINTENANCE AND
P~NNING [NClNEEEING 5UEV~NG PUBLIC ACCESS EASEMENT
~ ~ · I~ ~ ~Z~la · ~ (~e) 5a>lmO · m (~) ~ IN THE C~ OF ENClNIT~ C~N~ OF ~N DIEGO, STATE OF C~IFORNIA
~*~: 11-20-98{ ~ 5-01-00 ~.o~ H. Foss ~='~ V. Edge I SCALE: 1"=200' W.O. 1~4-~X
I: ~ENCINl~S~94-066~LD~603~SHT02.D~ ,,~ NONE ~ H&A LEGAL No. 4303 SHEET 2 OF 7
Sketch to Accompany/ £eg~t Desc~ption ,,,,,
e== ~U==T / / ',, A =22"15',00"
~ ~l~ 2 / / .-¢R=756.00
~,,,"~ L=285.82'
":"~ .... :"~ :' "" ":"~ ~'.~ :"~ {h ~ ... :% (:~ f;:' / ., ,,, .~
: x ;.:, -.., :-: ,.... ..... ......... .... /;
../7
,... /
,','..~ ~ =18012'00" . ~'
.J
-' .... ' R=514.00' ,-,'0
~?.:. i' 0 L=163.27' .~, .." ~'"
.
649.68'
.i
.?::::
~ ~ =09003'00"
· -.. ........ . R=1064.00'
L=168.06'
. z..,k2:.~:.-'
-..~S09'20'0~"E
.-" ' 154.46
SEE SHEET 4 a =3~"~'o2"
........ R=586.00'
~' L=~.9~'
~ HUNSAK[~ & ASSOCIATES EASEMENT
I R V I N E I N C FOR ~NDSCAPE MAINTENANCE AND
P~NrNC ENCINEEEINC SUE~INC PUBLIC ACCESS EASEMENT
~ Hus~ · I~ ~ 92618 · P~ (~9) ~lm0 · ~ (~9) ~9 IN THE CI~ OF ENClNIT~. COUN~ OF S~ DIE~, 8TA~ OF CALIFORNIA
~ H. FOSS .~ V. Edge SCALE: 1"=200' W.O. 1~4-21X
I: ~ENClNI ~ S~94- 066~LD~4603~SH T03.DWG L~
,. NONE H&A LEGAL No. 4603 SHEET 3 OF 7
~SEE
I ~ SHEET 3
EXHIBIT "B' ~ I/ \"-~... sog2oooEo , ,, .~
Sketch to Accompany Legal Desc~pt~on [' ~ ~ .~- 154.46' ~'~:
'----2~ .... S26 2702 W
93.00'
.; ...~'...."
·
~:) ...,::...~ ."" ILl
~ '"'~ .... "'::'~' % ~ '?':::: -r"'
· O'~
~ N40°02'51"E
i i..~ .:::.'T'
S05°09'4T'w
21.71'
~, =12°59'45" ',,'%
, ,
~--20.00' ~,,, , , / ~.~ .'...'
L=4. S~' ',-. ',
,,-...,
N82°lO'O4"W RAD R=20' -'--._'-.
POINT A '"
P.O.B. PARCEL 3
HUNSAKER & ASSOCIATES EASEMENT
I P, V I N E I N C FOR LANDSCAPE MAINTENANCE AND
PLANNING ENGINEERING SURVEYINC PUBLIC ACCESS EASEMENT
~v. .o~ o~', V. Edge SCALE: 1"=200' W.O. 1774-21X
°^~:11-20-98 o^~ 5-1-00 ~ H, Foss
I: ENClNITIS\94 - 066\LD\4603\SH T04.DWG LOG
,. NONE H&A LEGAL No. 4605 SHEET 4 OF 7
SEE SHEET 3 EXHIBIT "B"
PARCEL 3
N58°40'Ol"E
'0o. A =27°52'22"
R=1136.00'
.-" L=546,02'
250.0T
PARCEL 2 ~Oo0 " N57°lT52"E
/ HUNSAK~R & ASSOCIATES EASEMENT
~ ~ v ~ N ~ ~ N C FOR LANDSCAPE MAINTENANCE AND
P.~I~NINC · ENCINEERINC .~ SURVEYINC PUBLIC ACCESS EASEMENT
o^~ 5-1-00 Foss ~ V. Edge SCALE: 1"=200' W.O. 1774-21X
I: ENCINITIS\94-O66\LD\4603\SHTO1.DWG ~L.O~ NONE H&A LEGAL No. 4603 SHEET 5 OF 7
$~e(cA ~o Acco~p~/ £e~( ~esc~p(~o~
SEE SHEET 4
L. L. A H 3. 9 8 ;~-~.: ~3 A 5 9
~'..~ S"r' ~'..~'"~ / / ~ 'T F~ A C T ~".~ O. 9
............ / / ~' PARCEL
. i '"~ ....... ~UAIL / ~ [/ ~ PARCEL 2 .
~"~ ~ ?'~' ~ o ~5~
~ ............. GARDENS~ /~ ~55 . ~/~
I ~ ~ DRIVE '~ ~ ~ ~ ~ 330.00.
~ ~ ~36.7~ PER ....... / ~ ,,, PARCEL 4
/ ~ :09o17'55'' - .... =z .............. ~ .... = ......
?: 6 "-.. ' ~[~ .....
:'.. ~ ~/ ,/~ ~ GARDENS
, ........ O" vs .........
.:~~ PARCEL 6
/ ~ ~ PARCEL 6
HUNSAKER & ASSOCIATES EASEMENT
I R V I N E , I N C . FOR ~NDSCAPE MAINTENANCE AND
P~NING · ENGINEERING · 5UR~ING PUBLIC ACCESS EASEMENT
~ Hug~ ~ ~ 9~6~ · ~ (~e) ~ · ~ (~) ~ IN THE CI~ OF ENClNIT~ COUN~ OF gAN DIEGO, STA~ OF CAUFORNIA
~ ,~v. ~.~ c~', V~ Edge SCALE: 1"=200' W.O. 1~4-21X
~*~:11-20-98 ~,~ 5-01-00 ~ H. Foss
I: ENCINITIS~94- 066~LD~4603~SH TOLD~ ~oc
~, NONE H&A LEGAL No. 4603 SHEET 6 OF 7
~0~33
Sketch to Accompany Legal Beseripti, on
CITY OF CARLSE;AD
SITE
OLIVENHAIN
RD.
VICINITY MAP
NO SCALE
/HUNSAKER & ASSOCIATES EASEMENT
~ R v ~ N E ~ N C FOR LANDSCAPE MAINTENANCE AND
P,U~NNING · ENGINE£RINC SUP. VEYING PUBLIC ACCESS EASEMENT
Three Hushes · I~ine. CA 92618 · PV¢ (949) 583.1010 · PX; (949) 58G4)759 IN THE CITY OF ENCINITA~, COUNTY OF 8AN DIEGO, STATE OF CALIFORNIA
~A~: 11-20-981 ,£v. c~'~4603
~^~ 5-1-00 I'~ H, Foss .~ V, Edge SCALE: NONE W.O. 1774-21X
I: ENCINiTIS\94- 066\LD\4603\$HTO1.D~ LC~
,. NONE H&A LEGAL No. SHEET 7 OF 7