1996-106107'Recording requested by: ) 04-M~R-1996 12:18 P~
)
City of Encinitas ) OFFICIAL RECOROS
) SAN DIEGO COUNTY RECOROER'S OFFICE
~en Recorded, Mail To: ) GREGORY SMITH, COUNTY RECORDER
) ~ ~
City Clerk ) ~ FEES: 0,00
city of Encinitas ) ~ ~ ~A
505 South Vulcan Avenue ) ~ ~
Encinitas. CA 92024 ) SPACE ~OVE FOR RECO~,S USE ONLY
D~Z~G~E~BEI~q~
Assessor's Parcel Project: CMS95G
No. 255-040-06 W.O. No.:
Leucadia Boulevard Limited, a limited partnership
hereinafter designated Grantor(s) do(es) hereby grant, bargain,
convey and release unto the City of Encinitas herein designated
Grantee, its successors and assigns, a perpetual easement and
right-of-way upon, through, under, over and across the hereinafter
described real property for the installation, construction,
maln=enance, repair, replacement, reconstruction and inspection of
~n ~cl~s~d.~r unenclosed flood DRAINAGE channel and all s~ruct~res
ncluen~a£ =nere=~, and for the flowage of any waters in, over,
upon or through said channel, together with the perpetual right to
remove buildin~s, s~ructur~s, tr~es, bushes, undergrowth, and any
other obstruction Interfering with the use of said easement and
right-of-way by the Grantee, i~s successors or.assigns. To have
and to hold said easement and r~ght-of-way unto ~tself and unto its
successors and assigns forever together with the right to convey
said easement, or any portion of said easement, to other public
agencies.
The real property referred to hereinabove and made subject to said
easement and right-of-way by this grant is situated in the City of
Encinitas, County of San Diego, State of California, and is
particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof by this
reference.
TF/03/MS7-872wp5 1(01-03-95-7)
The Grantee shall have the right to fence all or any portion of
said easement herein conveyed within which there is installed or
constructed an unenclosed flood drainage channel. The Grantee, its
successors and assigns, shall be ~esponsible for operating,
maintaining, and keeping in good repair the above described works
of improvement.
The Grantor, his successors and assigns, reserves the right to
enclose in a manner approve by the Grantee, its successors and
assigns, any portion of an unenclosed flood drainage channel
provided such enclosure is constructed or installed by a licensed
contractor in accordance with plans and specifications approved by
and to the satisfaction of the Grantee its successors and assigns.
In granting its approval the Grantee, its successors and assigns,
may impose reasonable conditions including, but not limited to, the
filing by the contractor or Grantor of an adequate form of
security, as approved by the City Engineer, to guarantee completion
of the work~
There is reserved to the Grantor, his successors and assigns, the
right and privilege to use the above described land of the Grantor
at any time, in any manner and for any purpose not inconsistent
with the full use and enjoyment by the Grantee, its successors and
assigns, of the rights and privileges herein granted.
U [
[Signature of GRANTOR must be notarized. Attach
the appropriate acknowledgement.]
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Irrevocable Offer, Deed, Grant, or
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer.
Alan D. Archibald
Director of Engineering Services
TF/03/MS7-872wp5 2(01-03-95-7)
339
Commonwealth
Land Title Company
O Reliance
A Rehance Group Holdings Company,
STATE OF CALIFORNIA ) ss
COUNTY OF..~,o.¥D ~/~ ~ )
On ~--..~3~, _ ~ ~ bef~ore rn~e, the uodersi~;zned a Notary Pub c m and for
.~nd State,..personally appeared~/~ ~/-c~r:- ~/'/Le~, 6- .,~2~ said County
<~'/L~Z~-L~'/'g~' '~L~-~ ~ .~ ~Z<~JL..z~:~'~z/.~,Z.~ '~/ ' personally
~nown 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(les), and that by his/hedtheir signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal·
STATE OF CALIFORNIA ) ss
COUNTY OF )
On before me, the undersigned, a Notary Public in and for said County
and State, 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(ies), 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.
WITNESS my hand and official seal.
NOTARY PUBLIC
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document:
Date of Document:
Other Signer(s) than Named Above:
EXHIBIT 'A'
LEGAL DEBCRIPTION
PARCELS 'l%' AND 'B'
APN 255-040-06
BEING A PORTION OF LOT 1 OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO.
848, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHWEST CORNER OF CITY OF ENCINITAS TRACT NO. 4579-1,
ACCORDING TO MAP THEREOF NO. 11921, ON FILE IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MAP NO. 11921 AND THE
EASTERLY BOUNDARY OF SAID LOT 1
1. SOUTH 02022'32'' EAST 70.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST-
ERLY BOUNDARY
2. SOUTH 02022'32'' EAST 42.91 FEET; THENCE LEAVING SAID WESTERLY BOUND-
ARY
3. NORTH 86°54'12'' WEST 30.23 FEET; THENCE
4. SOUTH 77°21'51'' WEST 10.00 FEET; THENCE
5. NORTH 12°38'09'' WEST 48.40 FEET TO THE BEGINNING OF A NON-TANGENT
1,670.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIAL FROM SAID POINT
BEARS NORTH 05o17'16,, EAST; THENCE
ALONG THE ARC OF SAID CURVE
6. EASTERLY 48.90 FEET MORE OR LESS THROUGH A CENTRAL
ANGLE OF 01°40'40" TO THE TRUE
POINT OF BEGINNING.
CONTAINS 1,941 SQUARE FEET, MORE OR LESS.
PAGE 1 OF 2
PARCEL 'B'
BEGINNING AT SAID NORTHWEST CORNER OF MAP 11921; THENCE ALONG THE WESTERLY
BOUNDARY OF SAID MAP NO. 11921 AND THE EASTERLY BOUNDARY OF SAID LOT 1
1. SOUTH 02022'32" EAST 28.77 FEET MORE OR LESS TO THE SOUTHERLY LINE
OF THAT CERTAIN PUBLIC ROAD EASE-
MENT PER DOCUMENT RECORDED AUGUST
25, 1961 AS FILE NO. 1491697 OFFI-
CIAL RECORDS ON FILE IN THE OFFICE
OF SAID COUNTY RECORDER; THENCE
LEAVING SAID WESTERLY BOUNDARy AND
ALONG SAID SOUTHERLY LINE
2. NORTH 87o55'20" WEST 335.43 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTiNUiNG
3. NORTH 87055'20" WEST 20.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE
4. SOUTH 02029'45'' EAST 27.54 FEET; THENCE
5. SOUTH 16042'35" EAST 32.84 FEET; THENCE
6. NORTH 73017'25" EAST 20.00 FEET; THENCE
7. NORTH 16042'35" WEST 30.34 FEET; THENCE
8. NORTH 02029'45" WEST 23.45 FEET MORE OR LESS TO THE TRUE POINT OF
BEGINNING.
CONTAINS 1,143 SQUARE FEET MORE OR LESS.
PAGE 2 OF 2
342 SHEET I OF I SHEET
LEGEND
~ INDICAIE~ DRAINAGE ~T
~T .ii P~ ~ = I,~1 ~. ~
P~ ~ = 1,1~2 ~ ~
RANGH~ LA~ EJ~CJJ~JTA~
MAP NO, 848
LOT I ~'~0,~, 782z~
~N4~ ~r ~
a~r 24 ~ ~s ~ ~a aT-~ o.~ LOT ~
Cl~ OF ~t~a, aa
Cl~ OF ~ ~ ~ ~ ~ ~ P.O.B.
EP. ffB. R~16~1 ~ ~ PARCELS
PARCEL ,~,~ 'A ~ B"
~' = o~' T.P.O.B.
2Z5~I; L = 48.,90'
R'~I~,,~O~,
"A "
MAP NO. 848 4z~' ~ .
LOT
a No. C~~
~ct ~s~g~ Co~t~s
P~OJECT NAME: P~OJECT NO.