2000-509817 "R cordingRequeste By: DOC 2000-0509817
)
City Engineer ) SeP 22, 2000 4: O1 PM
)
When Recorded Mail to: ) ffFICIPl. RECORI)8
~ I)IE~ [llUNTY RE~]I~DER'8 OFFICE
City Clerk ) ~ J. 8141111, C~IlY
City of Encinitas ) lEES:
505 South Vulcan Avenue ) 0g: Nfl
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
1,, )SPACE ABOVE FOR RECORDER'S USE ONLY
'/~.. EASEMENT FOR PUBLIC ACCESS AND
(),]~ ~/ //-'/-60~/~ LANDSCAPE MAINTENANCE PUli.POSES
Assessor's Parcel No. Project No.: TM 94-066
254-611-04 W.O. No.: 5661-I
D.R. Horton San Diego Holding Company, Inc., a California corporation
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas,
State of California, hereinafter called GRANTEE, the fight of way and incidents thereto for a public
access and landscape maintenance easement, 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 fight 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 xvriting by the City Engineer.
Pub.access and ldscp.maint6-3-1999 jlr 2_
· · , Th~ Grantor hereby further grants to the Grantee all trees, growths, (growing 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 public access and landscape maintenance facilities.
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all
damages to Grantor% remaining property contiguous to the right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
Dated this [L~ day of "l ,20C)C)
OWNER:
D.R. Horton ,San Diego Holding Co., Inc., a
C ali fornim(~o~ oration
By:-~J~--~,.-~ ~).
Its:
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:
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
Pub.access and ldscp.maint6-3-1999 jlr 2
STATE OF California)
COUNTY OF San Diego )
On --~'--~L-~'"(~C~ before Me, Stacie Donahue, Notary Public ,
personally appeared 3ohn D. Kerr~ .lr. Vice President~
DR Horton San Diego Holdinq Companv, Inc. ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity, 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.
WITNE~.~y hand and official seal.
Signat _ (SEAL) ;./},' ~J~.~ STACIE DONAHUE :~
~ ~: g~j~J~i~INOTAR¥ PUBL C-CAL FORN A~
; ~ ,;~'1 COMM. NO. 11g~35 ~
~ ~/ ~AN DIEGO OOUN~ ~
~ ~MYCOMM. EXP. SEPT. 14 ~ ~
EXHIBIT "A"
LEGAL DESCRIPTION
FOR LANDSCAPE MAINTENANCE AND PUBLIC ACCESS EASEMENT
Strips of land 3.00 feet wide, over those portions of Lot 67 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 Easterly lines of which are described as follows:
Strip No. 1:
Beginning at the intersection of the Westerly right-of-way of Quail Gardens Drive and the
Northerly line of said Lot 67, as shown on said map, said intersection being a point on a curve
concave Westerly having a radius of 514.00 feet, a radial line to said intersection bears North
78o18'07'' East; thence along said Westerly right-of-way line the following courses: Southerly
66.07 feet along said curve through a central angle of 7°21'53'', and tangent from said curve,
South 4o20'00'' East 6.27 feet.
The Westerly line of said strip shall be prolonged or shortened Northerly so as to terminate on
the Northerly line of said Lot 67.
Strip No. 2:
Beginning at the intersection of the Westerly right-of-way of Quail Gardens Drive and the
Southerly line of said Lot 67; thence North 17055'00'' East 57.80 feet along said Westerly line to
the beginning of a tangent curve concave Westerly having a radius of 664.00 feet; thence
Northerly 957.85 feet along said curve and said Westerly line through a central angle of
22°15'00"; thence North 4°20'00" West 129.73 feet along said Westerly line.
The Westerly line of said strip shall be prolonged or shortened Southerly so as to terminate on
said Southerly line.
As more particularly shown on Exhibit "B" attached hereto and made a part hereof.
Revised April 19, 2000
December 2, 1998
~j~l~ ~ r~[j///~~ ;~or~ S.William= W.O.1774-21X
Exp. 12/31/03 H,~cA Legal No. 4604rl
R6~-y S.(~Villiams, L.S. N~. 6654 ~, No. 6654 ~ Prepared By: H. Foss
License Expires: December 31, 2003 ~~ Ck'd By: R. Williams/wp
EXHIBIT "B"
Sketch to Accompany Legal l~escription
CITY OF c
SITE
VICINITY MAP
NO SCALE
I HUNSAKER & ASSOCIATES EASEMENT
~ R v ~ N E ~ N c FOR LANDSCAPE MAINTENANCE AND
PLANNING m ENGINEERING SURVEYING AND PUBLIC ACCESS EASEMENT
Three H~,~hes · Iwine, CA 92618 · PH: (949) 583-1010 · FY.: (949] 58~.0759 IN THE CiTY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
°^T~:11-20-98 I o~ 04-07-00 I'°~ c,'~ I
e~ H. Foss V. Edge SCALE: NONE W.O. 1774-21X
I: ENCINITAS\94-O66\LD\4604\SHTO1.DWG ~N°~ NONE H&A LEGAL No. 4604 SHEET 2 OF 2
EXHIBIT "B'
· : .~ Sketch to Accompany Legal Desc~ption
~ ~:~ ~:'~ P.O.B.
~~~,~,~~/ STRIP NO. 1
:'"- ~' ' ~ 33~ ~ / ~
:--' g =07~21'53" ~/ ~
........ k=6~.OT
244.00'
=22o15,00-
~0.
~ ~ 7%5'00,,~
~4~i~,~3,,~ 737.22' 57'~0'
774.05'
:.::.~ '" :'.':' ' LEGEND
..... ~ ..... P.O.B.
,. ::..~a' LANDSCAPE MAINTENANCE AND
~..~ ':' ',,' ~TRiP NO. 2
:-.~" :'" '7~ ~ PUBLtC ACCESS EASEMENT
?.-,' GRANTED HEREON.
~NDICATES SCALE EXAGGERATED
SEE SHEET 2 FOR VICINITY MAP
:" '"' :'"
?...- ..?
kIC[SSE [XPI~[S: 12-31-03
:~.: ~..~: ?.~ ,...:. ~' "5 ::.~ ~:''
HUNSAKER & ASSOCIATES EASEMENT
I E V I N E I N C FOR ~NDSCAPE MAINTENANCE AND
P~NNINC ENClNEERIN~ 5URV~NC AND PUBLIC ACCESS EASEMENT
11-20-98 ~9*~"~v' 06-12-00 ~'_.. H. Foss s~'" V. Edge SCALE: 1"=200' ~, W.O. 1~4-21X
ENCINITAS~94-066~LD~4604~SHT01,D~ ~ NONE H&A LEGAL No. 4604~ SHEET 1 OF 2