2000-705958Recording Requested By: )
City of Enci~m ) ~¥~ D fEU0 b,t~NI, ,.E.0RDL ~ dF!-~[::
FEES: 0,00
~en Recorded M~I to: ) ~[;~
Ci~ Clerk )
Ci~ of Enc~tas )
505 Sou~ V~c~ Avenue )
Encidtas, CA 92024 )
) SPACE ABOVE FOR ~CO~ER'S USE ONLY
E~O~Y CONSTRUCTION SLOPE AND D~NAGE EASEMENT FOR
m mcv cc ss
r s P~cel No. ~-) S ~ ~ Project No.: CMS99G
264-151-24 ~g 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, an easement for the excavation and
embankment slopes for an emergency access for the public upon, over and across and the right to
extend drainage structures on 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 excavation
and embankment slopes beyond the limits of the herein described right-of-way where required for
the construction 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 fight 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
SlopeDrainageEsmt.doc 06-16-2000 bak
and/or drainage facility, provided such substitution is first approved in writing by the City
Engineer.
The Grantor hereby further grants to the Grantee all 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 fight 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 fight-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
·/ //~FT~-;}~ ~
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 consems to recordation thereof by
its duly authorized officer.
Alan D. Archibald, Director of Engineering Services
City of Encinitas
SlopeDrainageEsmt.doc 06-16-2000 bak
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~'v
O
On .~..~:;~ 0 ~/~t.~) ,before me,..~,LJO
personally appeared ~'~/(~,/~' P,
Name(s) of Signer{s)
pperSonally known to me
roved to me on the basis of satisfactory
evidence
~--~ ..... ~ F~I-C~ ~ ~ ;E-A-L ....
~'~\ RANDAG. MILLJOUR ~ subscribed to the within ins~nt and
~,~NOTARY PUBLIC-CALIFORNIA~ acknowledged to me that he~e_.,~_~xecuted
~: ~l~.~lTi~/ COMM. NO. 12042,50
I \'~]~/ SAN DIEGO COUNTY ! the same in his/he~'/lhe_..~2 authoriz?~.~
I_~ MY COMM. EXP. JAN. 6, 2~03
.......................... _~ capacity(les), and that by his/he~hei.~~
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.
OPTIONAL
Though the informa~on below is not required by law. 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(les) 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
U Other:
Signer Is Representing:
EXHIBIT "A"
SLOPE AND DRAINAGE EASEMENT
THAT PORTION OF PARCEL 2 OF PARCEL MAP 17446 FILED AT THE SAN DIEGO
COUNTY RECORDER'S OFFICE NOVEMBER 14m, 1994 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID
PARCEL MAP 17446; THENCE NORTH 3o07' 18" WEST, 153.55 FEET ALONG THE
WESTERLY LINE OF SAID PARCEL, TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WESTERLY PARCEL NORTH 3o07' 18" WEST, 69.23 FEET;
THENCE LEAVING SAID WESTERLY PARCEL LINE NORTH 86°54'33" EAST, 45.24
FEET; THENCE SOUTH 81042'09" EAST, 137.29 FEET; THENCE NORTH 89008'48'' EAST,
101.63 FEET; THENCE SOUTH 87°29'14" EAST, 82.33 FEET TO THE EASTERLY LINE OF
SA1D PARCEL; THENCE ALONG SAID EASTERLY LINE SOUTH 2034'56" EAST, 39.79
FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 80028'43'' WEST, 122.05
FEET; THENCE NORTH 57o37'24'' WEST, 14.00 FEET; THENCE NORTH 86o45'43" WEST,
195.63 FEET; THENCE SOUTH 76050'53'' WEST, 36.36 FEET TO THE TRUE POINT OF
BEGINNING.
.... EXHIBIT lB
~Sl1'50'00' E
, ~.~, ~ \.../~ ~.oo'
, ~ ~ '",,,~
~ ~ ~ ~ PARCEL 2 P.M. ~ ", ', ~ ~)F{OJ_~, ,,~
X X ~.~x ~ -+ ..........
,,~'~ ~,,,,
'" : ~ ~ / [ ~ ,' -J PJVJ, 17877
EASEMENT NOTES
LEGAL DESCRIPTION OF
,,. ,.,,... ,,..,. ~.. ,,.,o. ~.,,,o~,...,,,.~,,_~,~_,~,o SLOPE + DRAINAGE
~~ ~-~,~ EASEMENT
LAWRENCE P THORNBURG LS 7298 DATE %HEET 1 OF