2001-48801· RecordingRe uestedB . ) ,D0C 2001--004880i
)
City Engineer ) Zal-q 29, 20021_ 71..5L
) OFFICIAL RECORDS
~en Recorded M~I to: ) S~!~ DIEGO COU~TY RECORDER';~ 0FFI~E
Ci~ Clerk ) ~';R[GOR'~ J. SMITit, COUNTY RECORDER
Ci~ of Enc~itas ) EEk[S: 0.00
505 Sou~ Vulc~ Avenue ) 0C:
Enci~t~, CA 92024 )
)
FOR THE BENEFIT OF T~ CITY )
~ tz ) SPACE ~OVE FOR ~CO~ER S USE ONLY
EASEMENT FOR
~.% ~'~f L~SC~E ~NTEN~CE P~OSES
Assessor's Parcel No. Project No.: CMS96F
254-553-21 W.O. No.: SI-0021
DENNIS P. HAYES AND CHRISTINE E. HAYES, HUSBAND AND WIFE AS JOINT
TENANTS hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City
if Encinitas, State of California, hereinafter called GRANTEE, the easement and incidents thereto
for landscape maintenance, 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
construction and maintenance of said landscape maintenance facilities. Reserving ar~to 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.
The Grantor hereby further grants to the Grantee all trees, growths, (growing or that may hereafter
grow), and road building materials within said easement, including the right to use the same in such
Hayes.doc Leucadia Blvd. 1
· a manner and at such lo ns as said Grantee may deem prop eedful, or necessary, in the
construction, reconstruction, improvement, or maintenance of said public landscape maintenance
facilities.
OWNER:
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 thc undersigned agent on behalf of the
City Council of the City of Encinitas pursuant to authority conferred by Resolution of thc 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: //-2,~0 [
Alan D. Archibald, P.E.
Director of Engineering Services
City of Encinitas
,,,(~'~;~N~D-E.B_ORAH CERVONE ~
e~ ~m~.,~e .~,~,,,-~ IARY PUBUC-CALI FORNIA~j
Hayes.doc Leucadia Blvd. 2
· PURPLE ACKNOWLEDGMENT
CALIFORNIA ALL-
personally appeared (~-~/~ ~'[ ,~:b"¥ I~ ~. ~y~ O~~l ~. NOMO~ ,'
~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that h~she/they executed the
same in hi~her/their authorized capaci~(ies), and that by
hi~her/their signature(s) on the instrument the pemon(s),
% or the entity upon behalf of which the person(s) acted,
I
OFFICIAL S~L
executed the instrument.
' ~ '~ DEBORAH CERVONE
~NOTARY PUBLIC-~LIFORNIA~
~ COMM. NO. 1~57]~ ~' WITNESS my hand and official seal.
~ ~/ ~N DIEGO ~U~
,~MY ~MM. EXP SE~. 2~ ~1,
OPTIONAL
Though the information below is not required by law, it may p~ve valuable to pe~s relying on the document and ~uld prevent
Description of A~ached Document
~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capaci~(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
~ individual ~ Individual
~ Corporate Officer ~ Corporate Officer
Title(s): ~tle(s):
~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General
~ AEorney-in-Fact ~ Attorney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Consewator ~ Guardian or Conse~ator
~ Other: Top of thumb here ~ Other: Top o~ thumb here
Signer Is Representing: Signer Is Representing:
995 National Notary Associalion · B236 Rernmel Ave, PO, Box 7184 · Canoga Park, CA 91309-7184 Prod No 5907 Reorder: Call Toll-Free 1 800-876-6827
EXHIBIT A
LEGAL DESCRIPTION
LANDSCAPE MAINTENANCE EASEMENT
APN 254-553-21
THAT PORTION OF LOT 12 OF FOX POINT, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7832, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 27, 1973, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12; THENCE ALONG THE
WESTERLY LINE THEREOF, NORTH 09°26'56'' EAST 22.94 FEET; THENCE LEAVING SAID
WES TERL Y LINE AND AL ONG THE SOUTH FA CE OF WALL, NOR TH 48 °21 '20" EA S T 4.66 FEE 7-;
THENCE SOUTH 85045'04'' EAST 30.03 FEET TO THE EASTERLY LINE OF SAID LOT 12;
THENCE LEA VING SAID FACE OF WALL AND ALONG SAID EASTERLY LINE THEREOF, SOUTH
45 ¢38'33" WEST 33. 85 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WA Y FOR LEUCADIA
BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 89015'57'' WEST 13.00 FEET TO
THE POINT OF BEGINNING, ALL AS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE
A PART HERETO.
RONALD
C. PARKER DATE
L.S. 4312
XF'FFS: BASEMAP.dwg ..
~'. ~.,,.,~-~ ~ COURTD
SOUTH FACE~ / / / ~ 254-555 22
/ ~N89 75
~0~ SOUTHUEST ~
CORNER OF LOT ~2 ~3.00' ~ /ND/CATES LANDSCAPE
EASEMENT DED/CATED TO THE
~AP NO 7852 ~REA = 585 SF
LEUOADIA ~ BOULEVARD
37+00 38+00 39+00
I NEW ¢ LEUOAOIA eL VD
I I
EXHIBIT "B" oLo : ~:UC~D/~ e~ Fo
CITY OF ENCINITAS
LANDSCAPE EASEMENT 1
· .-*.~ ..~,..=.,.~ APN 254-553-21
,s,.~.~ ~ ,s,,~,.~ F~ WWW~fE.CO~ PREPARED FOR: CITY OF ENCINITAS DATE SUBMITTED: 7-24-00
sdO019