Loading...
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