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1995-534233~ecording Requested By: City of Encinitas DOC ~ 1~95--05342~ 27-NOU-1995 10:18 ~M When Recorded Mail to: OFFICI~[R[CORDS city Clerk 1669 SAN DIEGO ~OUNTY RECOROER'S OFFICE City of Encinitas 505 South Vulcan Avenue GREGORYSMITH, COUNTYRECOROER Encinitas, CA 92024 FEES: 0.00 FOR THE BENEFIT OF THE CITY \ SPACE ABOVE FOR RECORDER'S USE ONLY SLOPE EASEMENT FOR CITY HIGHWAY Assessor's Parcel Project No.:CMS95G No. 255-040-06 W.O. No.: Leucadia Boulevard Limited, a limited partnership hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, an easement for excavation and embankment slopes for a public highway upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE PARCEL 'A' ON EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby further grants to the CITY OF ENCINITAS 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 CITY Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection or support, provided such substitution is first approved in writing by the City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said easement, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. cov4641 1 The Grantor, for himself, his successor and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the easement hereby conveyed by reason ~f the location, constructio~71andscaping or maintenance of said highway. Dated this / -' day of Signature of Owner? to be notarized. Attach the approprlate 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 Slope Easement Dedication and consents to recordation thereof by its d~ au~o~ze~ o~fi~. / / Alan D. Archibald Director of Engineering Services City of Encinitas cov4641 2 Commonwealth ® Land Title Company Reliance A R¢liartc¢ Group Holdings Company 1671 STATE OF CAI.,IFORNIA _. ) COUNTY QE~,/~'~'~ ) ss On ~-~L~/~--~7/ ? /~/~ be!?/r,~ me,j~u.n, dersigned/~a Notary Public in ~ for Raid County and Stat ,e~;~rsonally appeared/-(~';~7 ~ ' 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. Y PUBLIC 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 THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Date of Document: Other Signer(s) than Named Above: E~IBIT '~ LE~ DESCRIPTION (LEU~I~ P~T~RS PROPERTY) P~CELS '~' ~ '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 02°22'32" 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 73027'19" 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 75009'22'' 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°14'02" TO THE TRUE POINT OF BEGINNING. PAGE 1 OF 2 1673 CONTAINS 14,608 SQUARE FEET MORE OR LESS. P~CEL ' 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 i?20.00-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. PAGE 2 OF 2 SHEET I OF 1 SHEET N751~9°22'W 4.45' - -__~_ 75' --~,-- 1674 ~- N87'55'20'W~ . NOT ~ SC~ RANCHO LAS ENC]N]TA~ LOT ~ MAP NO, 846 R,O.S. 7624 PUaUC ~O~D O~ ~S~T AU~ST 25, 1961 AS ~ N6 ~NE 25, 1987 AS ~ N6 Rs ~3~ CI~ OF CARLSBAD c3No' E.~p. 12-31-97 A = 11 ~-[-[-[-[-[-[-[-[-~ INDICATES SLOPE EASEMENT  ~IN ~IA PAR~S PR~. INDICA~ ~S~UC~ON ~T p~ 'B~AREA=6,~2 SO. ~ LOT I I I INDICA~ ~ B~NDARI~ R.O.S. -]~J~ ( ) ~ND~CmES ~0~ OATA P~ MAP NO. 11921 HAME: i~ PROJECT NO. EXHIBi O~~IN ~ ~SEME~ 34g~ 'B'