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2000-705957 Recording Requested By: ) D ) OFFICIAL RECORD8 City of Encini~ ) SA~ DIEGO COUNTY RECO~gER'S OFFICE ) G~:EGO[:Y ~. ~en Recorded M~I to: ) FEES: 0.00 City Clerk ) OC: SC. Ci~ of ~ncinitas ) 505 Sou~ Vulc~ Avenue ) Enci~tas, CA 92024 )  FOR THE BENEFIT OF THE CITY m (/ ) SPACE ~OVE FOR ~CO~ER'S USE ONLY Assessor's P~cel No. PrQect No.: CMS99G 264-241-04 ~ W.O. No.: 0027-SI Patrick P. McDougall and Terry L. McDougall, trustees of the McDougall Family Trust dated 2/9/94 hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City of Encinitas, State of California, hereinafter called GRANTEE, the right-of-way easement and incidents thereto for an emergency access for the public upon, 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 heroin described right-of-way where required for the construction and maintenance of said right-of-way easement for emergency access. Reserving unto the GRANTOR of the above described parcel of land, his successors or assigns, the right 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 writing by the City Engineer. Emergencyaccessesmt.doc 06-16-2000 bak The Grantor hereby further grants to the Grantee ail 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 highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said right-of-way easement for emergency access. Dated this day of __, 2000 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: l 7,- -1 ~'~'0~ By: ~~~ Alan D. Archibaid, Director of Engineering Services City of Encinitas Emergencyaccessesmt.doc 06-16-2000 bak CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ooun of ss. ~ate Name and Title of Officer (e.g., "Jane ~3e, Notary Public~) Name(s) of Sign-er(s) perSonally known to me roved to me on the basis of satisfactory evidence ! ~ OFFICIAL SEAL i to be the person(s) whose name(s)i~) -~\ RANDA G. MILLJOUR · ~I.~.~NOTARYPUBLiC-CALiFORNiA,~ subscribed to the within inst~ent and a: ~,~/ COMM. NO. ]2O42.5O ~: acknowledged to me that h~xecuted ! ~/ SAN DIEGO COUNTY I '"~ MYCOMM. EXP. JAN. ~,, 2003~ the same in his/he~their~ authori~ ................... . .... .-. capacity(ies), and that by his/h the~.~ 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 seat. P~aco Notary Seal Above g OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ...... [] Individual Top of thumb here [] Corporate Officer -- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator r~ Other: Signer Is Representing: © 1997 National Notary Association · 935(3 De Sole Ave., P.O Box 2402 · Chatsworth, CA 91313-2402 Prod NO 5907 Reorder: Cell Toll-Free 1-8{)0-876-6827 EXHIBIT "A" EMERGENCY ACCESS ROAD EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP 17446 FILED AT THE SAN DIEGO COUNTY RECORDER'S OFFICE NOVEMBER 14~, 1994 MOR~ PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP 17446; THENCE NORTH 3°7'18" WEST, 165.00 FEET ALONG THE WESTERLY LINE OF SAID PARCEL, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY PARCEL LINE, NORTH 3°7'18'' WEST, 32.00 FEET; THENCE LEAVING SAID WESTERLY PARCEL LINE, NORTH 86°39'29" EAST, 38.85 FEET TO THE BEGINNING OF A TANGENT 516 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 104.33 FEET, THROUGH A CENTRAL ANGLE OF 11°35'05'' TO A REVERSING 484 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 91.44 FEET, THROUGH A CENTRAL ANGLE OF 10°49'30"; THENCE TANGENT TO SAID CURVE NORTH 87°10'46" EAST, 112.84 FEET; NORTH 2034'56" WEST, 39.78 FEET; THENCE NORTH 87025'04'' EAST, 17.07 FEET TO THE EASTERLY LINE OF SAID PARCEL; THENCE SOUTH 2°34'56'' EAST ALONG THE EASTERLY LINE OF SAiD PARCEL, 72.25 FEET; THENCE LEAVING THE EASTERLY LINE OF SAID PARCEL, SOUTH 87025'04'' WEST, 129.9I FEET TO THE BEGINNING OF A TANGENT 516 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 97.49 FEET, THROUGH A CENTRAL ANGLE OF 10049'30'' TO A REVERSING 484 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 97.86 FEET, THROUGH A CENTRAL ANGLE OF 11°35'5"; THENCE TANGENT TO SAID CURVE SOUTH 86039'29'' WEST, 38.97 FEET TO THE TRUE POINT OF BEGINNING. THENCE WESTERLY ALONG THE ARC OF SAID CURVE, 9.65 FEET THROUGH A CENTRAL ANGLE OF 10050'27"; THENCE TANGENT TO SAID CURVE SOUTH 86054'33'' WEST, 37.42 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTH 3008'36" WEST, 14.45 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" 27,00' ,,R=986.00 L=155.4T ',, ",, &=08'55'05" II " = LO-J' 89 ~-MAP 13400 PANCEL % PARCEL2 P.M. 17446 4 P.M, 17446 ® ® 32' EMERGENCY ACCESS EASEMEI ?,~.~{C.~b '(~ , : -J P,J\/L 17377 ~ LOT s MAP 12818 EASEMENT NOTES ROAD EASEMENT TABLE ~) PORTION OF PARCEL 2 RESERVED FOR FUTURE STREET TOGETHER WITH THE (~) NOS~7'IB'W 32.00' RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATIONS BEYOND THE LIMITS OF THE RIGHT OF WAY PER MAP NO, 12816 (:~ N86'39'29"E 38.85' <~ 32.00 FOOT WIDE PRIVATE ROAD EASEMENT PER DOCUMENT RECORDED 4-14-91 (~ R=516.00' L=104.35' DELTA=Il'35'05" AS DOCUMENT NO. 91-0178724 AND PROPOSED PRIVATE ROAD EASEMENT AND (~) R=484.00' L=91.44' DELTA=lO'49'50" AN EASEMENT TO OLIVENHAIN MUNICIPAL WATER DISTRICT PER MAP N0.12816. (~ NBT~O'46"E 112.84' Q EXISTING 60.00 FOOT WIDE OFFER OF DEDICATION FOR PUBLIC ROAD PURPOSES ~) NO2'34'56'*W 39.78' PER DOCUMENT NO. 91-0145056 RECORDED 4-2-91, O.R. (~ N87'25'O4'E 17.07' {:~ EXISTING 20.00 FOOT WIDE SEWER EASEMENT GRANTED TO CARDIFF SANITATION (.~ S02'34'56"E 72.25 DISTRICT PER DOCUMENT N0,1995-0092653 RECORDED 4-19-91, O.R. (.~ SB7'2S'04"W 129.91 O EXISTING 20.00 FOOT WIDE SE~ER EASEMENT GRANTED TO CARDIFF SANITATION (~ R=516.00' L=97.49' DELTA=lO'49'30" DISTRICT PER PARCEL MAP NO. 17446. (~) R=484.00' L=97.66' DELTA=Il'35'05" ~ 8.00 FOOT W~OE RECREATIONAL TRAIL PER MAP NO. 12816. (~ S86'39'29"W 58.97' (~ STREET 'A' RESERVED FOR FUTURE STREET PURPOSE PER MAP NO. 13400 c~ 13559 ~NASLAND ENGINEERING PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF ,E~,y..%~;,.~f,.~I.,%....&;%~,,;,o% ;~,,,~.",,".-~,~"-,%"~° EMERGENCY ACCESS '-~~7k¢'-~. ~1~-~.~ ROAD EASEMENT LAWRENCE P. THORNBURGH LS 7298 DATE SHEET ! OF 1