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'