1995-534234 City of Encinitas 27-HOU-1995 10:18
When Recorded Mail to: 0FFICIA[
City Clerk ~ 6 ? 5 SAN 0IES0 COUNTY RECOROER'S ~FICE
City of Encinitas GEGORY SMITH, COUNTY RECORDER
505 South Vulcan Avenue FEES:
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY {~?
~)SPkCE ABOVE FOR RECORDER'S USE ONLY
T~POP~%RY CONSTRUCTION
Assessor's Parcel Project No.:CMS950
No. 255-040-06 W.O. No.:
Leucadia Boulevard Limited, a limited partnership
hereinafter called GRANTOR(S), do(es) hereby ~rant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
called GRANTEE, a temporary construction easement and ri~ht-of-way
upon, through, under, over and across the hereinafter described
real property for incidental purposes necessary to the
installation, construction, operation, maintenance, repair,
replacement, and reconstruction of Olivenhain Road
__ with the right to remove buildings, structures, trees, bushes,
undergrowth, flowers, and any other obstructions interferin~ with
the use of said easement and ri~ht-of-way by Grantee, its
successors or assigns and in addition thereto, the right to ~rade,
place or remove soil, equipment and other materials within said
ri~ht-of-way and to use the same in such manner and at such
locations as said Grantee may deem proper, needful or necessary in
the construction, reconstruction and maintenance of said
Olivenhain Road or structures
appurtenant thereto.
To have and to hold said easement and ri~ht-of-way unto itself and
unto its successors and assigns, to~ether with the right to convey
said easement, or any portion of said easement, to other public
a~encies. This easement shall terminate upon recordation of a
Notice of Completion for the project.
SEE PARCEL 'B' ON EXHIBIT "A" and "B" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE,
cov4642 1
Dated this day of ~6
-I1
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
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 temporary construction easement and
consents to recordation thereof~y it~d~y ~t~or~z~d officer.
/ ' / A~5 D. Archibald
Director of Engineering Services
City of Encinitas
cov4642 2
Commonwealth®
Land Title Company
0 Reliance
STATE OF CALIFORNIA )
SS
COUNTY OF )
aOnd~St~~n~y~ a~pp ~ee2c~,~/-~,~' .t h('~jn~g n ~d '~. ~~.~ ~ ~, ~. L~ ~ 2<ai~d,.~°unty
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(les), 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.
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(les), 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.,.T,,;HE DOCUMENT DESCRIBED BELOW:
Title or Type of Doc,urnent'L~.~--~ ./J~_..~-~ ~_/~'~"'~c~L._~.~z.~ ~ ~
Date of Document' Cf__.4Cc'.A-C~~ -7 /c,;~, ~'-~
Other Signer(s) than Na(~ed Abo~e" -Y!'~
L/10561PflO~.LEG E01 (5), 6126195 (MKI, LD
EXHIBIT '~'
1678
LEG~., DEBCRIPTION
~LEUC~IA P~TNERS PROPERTY~
PARCELS 'A' AND 'B'
~PN 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, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 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 02o22'32" EAST 70.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID BOUND-
ARIES
2. SOUTH 02°22'32'' EAST 45.80 FEET TO A POINT HEREIN DESIGNATED AS
POINT 'A'; THENCE LEAVING SAID
BOUNDARY
3. NORTH 81°09'23'' WEST 226.38 FEET; THENCE
4. NORTH 73~27'19'' WEST 220.25 FEET TO A POINT ON THE LINE WHICH IS A
WESTERLY PROLONGATION OF THE NORTH-
ERLY LINE OF LOT 12 OF MAP NO. 848;
THENCE ALONG SAID LINE
5. NORTH 87°30'15'' EAST 70.70 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY OF OLIVENHAIN ROAD, ROAD
SURVEY NO. 1631, AS DEDICATED PER
DOCUMENT RECORDED AUGUST 25, 1961
AS FILE NO. 149167 OF OFFICIAL
RECORDS, FILED IN THE OFFICE OF
SAID COUNTY RECORDER; THENCE ALONG
SAID RIGHT-OF-WAY
6. SOUTH 87~55'20'' EAST 35.33 FEET; THENCE LEAVING SAID RIGHT-OF-WAY
7. SOUTH 75°09'22'' EAST 4.45 FEET TO THE BEGINNING OF A 1,670.00-FOOT
RADIUS CURVE CONCAVE NORTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
8. EASTERLY 327.43 FEET THROUGH A CENTRAL ANGLE OF
11 o 14 ' 02" TO THE TRUE POINT OF
BEGINNING.
PAGE 1 OF 2
CONTAINS 14,608 SQUARE FEET MORE OR LESS.
PARCEL 'B'
BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 02°22'32'' EAST 4.46 FEET TO THE BEGINNING OF A NON-TANGENT
1720.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIAL FROM SAID POINT
BEARS NORTH 03°26'08'' EAST; THENCE
ALONG THE ARE OF SAID CURVE
2. WESTERLY 342.47 FEET THROUGH A CENTRAL ANGLE OF
11"24'30"; THENCE
3. NORTH 75°09'22'' WEST 174.05 FEET TO A POINT ON THE WESTERLY PROLON-
GATION OF THE NORTHERLY LINE OF
SAID LOT 12; THENCE ALONG SAID LINE
4. NORTH 87~30'15'' EAST 70.87 FEET; THENCE
5. SOUTH 73~27'19'' EAST 220.25 FEET; THENCE
6. SOUTH 81"09'23'' EAST 226.38 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 6,802 SQUARE FEET MORE OR LESS.
' DATE
EXPIRES 12/31/97
PAGE 2 OF 2
:" ' SHEET 1 OF 1 SHEET
N75'O9'22'W 4.4~5'
NOT TO SCALE
RANCHO LA,~ ENCJ. N.ITA~ LOT -J
MAP NO, 8-~18 ~,~o.
PUBUC ROAD EASEMENT DRAINAGE EASEMENT RECORDED
dUNE 25, 1987 AS FILE NO.
149167, O.R. 87-355258, O.R.
Rs 1631 -..-- CITY OF CARLSBAD
liN ROAD R.S.
~, = 11~4'~o"
o~
~ INDICATES SLOPE EASEMENT ~.~ ~ ~. *~'~-~'*°"~
VaTH~N LEU~D~A PARTNERS PROP. L
PAR(~- 'A'-AREA--14,608 SO. FT.
RANCHO LAS
INDICATES CONSTRUCTION EASEklENT
PARCEL "B'-AREA=6,802 SQ. FT.
,-- ~ ~ INDICATES CITY BOUNDARIES ~.O.,_.q. -] 4 -J-J 8
( ,) INDICATES REDORD DAmA
PER t4AP NO. 11921
p Pro~ect ~esig~ Cm~uZt~ts
PROJECT NAME: PROJECT NO. EXHIBIT
OLIVENI-IAIN ROAD EASEMENT 3 r6/o 'B'
GOVERNMENT CODE 27361.7 ~ 652
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: I_ (~12~1~-~1~ H~-~-T~'~
Commission Number: [ ~Z-~O Date Commission Expires:
County where Bond is Filed:
Manufacturer / Vendor Number:
Place of Execution: '~P~
Signature:
4/94
Rec. Form #R10