1987-399610 RESOLUTION NO 87-67
RECORDED REQUE~ OF
DE~I. GENERA[ ~RVICES a RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS, CALIFO~IA
ACCEPTING ~ EASEMENT FOR PUBLIC HIGHWAY
PROJECT: SKY ~FT ROAD / TM 4563 ~OUNfY R~;COR8~
BE IT RESOLVED by the City Council of the City of Encinitas, ~0
California, that the following Easement for Public Highway,
see Attachment "A", offered by Howard Frances Murphy and Barbara M.
Murphy, husband and wife and Michael Kevin Murphy, an unmarried
man is accepted:
BE IT FURTHER RESOLVED that the City Clerk is authorized to
act on behalf of the city in the above described transaction(s).
PASSED AND ADOPTED this 13th day of Jul3 ,
1987, by the following vote, to wit:
AYES: Gaines, Omsted, Luke, Steel, Shea
NAYS: None
ABSENT: None
' ..?,,
MARJO.~tE GAINES, Mayor of the
City of Encinitas, California
ATTEST:
· ~ N P~OOn, ~ I, E. JANEPOOL, City Clerk of the City of
Enoini%~s, Californ1& do hereby oe.r%i~fy
E A city Clerk fha% bh¢ abov~ and fors~'oir!~_~
EJP/CFRM. 02
ATTACHMENT "A" TO RESOLUTION NO. 87-67
Parcel No. 87-0175-A (04-24-87/ (ENG:DMW:po)
That portion of the Southwest Quarter of the Southwest Ouarter of Section 34,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof lying
within a 40.00 foot wide strip of land, the sidelines of said strip lying 10.00
feet Northerly and 30.00 feet Southerly of the following described line:
BEGINNING at the intersection of the centerline of Sky Loft Road with the
Westerly line of SKY LOFT CLUSTERS, according to Map thereof No. 7880, on file in
the County Recorder's office of said County, being a point in the arc of a
200.00 foot radius curve, concave Southeasterly, a radial to said point bears
North 61°58'20" West; thence leaving said Westerly line and tangent to said
curve, South 28°01'40'' West, 188.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 51°58'36'', a distance of 272.15 feet; thence tangent to said
curve South 80°00'16" West, 147.00 feet to a tangent 300.00 foot radius curve,
concave Southerly; thence Westerly along the arc of said curve through a central
angle of 09°27'52", a distance of 49.55 feet; thence tangent to said curve,
South 70°32'24" West, 133.00 feet to a tangent 300.00 foot radius curve, concave
Northerly; thence Westerly along the arc of said curve through a central angle of
29°09'08", a distance of 152.64 feet; thence tangent to said curve,
North 80°18'28'' West, 165.00 feet to a tangent 300.00 foot radius curve, concave
Southerly; thence Westerly along the arc of said curve through a central angle of
43°47'12'', a distance of 229.27 feet; thence tangent to said curve
South 55'54'20" West, 132.00 feet to a tangent 300.00 foot radius curve, concave
Northwesterly; thence Southwesterly along the arc of said curve through a central
angle of 09°03'30", a distance of 47.43 feet to a point on the Westerly line of
said Section 34, distant thereon North 0t°23'47'' West, 697.35 feet from the
southwesterly corner thereof, said point being the POINT OF TERMINUS.
The sidelines of said strip shall be lengthened and/or shortened so as to
intersect Easterly in the Westerly line of said Map No. 7880 and Westerly in the
Westerly line of said Section 34.
RESOLUTION NO. 87-65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS, CALIFORNIA
ACCEPTING AN EASEMENT FOR DRAINAGE
PROJECT: SKY LOFT ROAD / TM 4563
BE IT RESOLVED by the City Council of the city of Encinitas,
California, that the following Easement for Drainage, See
Attachment "A", offered by Howard Frances Murphy and Barbara M.
Murphy, husband and wife and Michael Kevin Murphy, an unmarried
man is accepted:
BE IT FURTHER RESOLVED that the city Clerk is authorized to
act on behalf of the City in the above described transaction(s).
PASSED AND ADOPTED this 13th day of July ,
1987, by the following vote, to wit:
AYES: Gaines, Omsted, Luke, Steel, Shea
NAYS: None
ABSENT: None
MARJ0~ GAINES, Mayor of th.e
city ~ff Encinitas, California
ATTEST:
I. E. JANE POOL, City Clerk of the City of
thai, the above and foregoii~[l is a true and
correct copy of the original of th.~s doc~-
, City Clerk of I have set my hand and the seal of the
City of Enoinita~.~
~/ City Clerk
EJP/CFRM.02
ATTACHMENT "A" TO RESOLUTION 87-55
Parcel No. 87-0175-B (04-24-87) (EI4G:DMW:po)
That portion of the Southwest Quarter of the Southwest Ouarter of Section 34,
7ownship 12 South, Range 4 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof lying
within an 18.00 foot wide strip of land, the Northerly line of said strip lying
28.00 feet Northerly of and parallel and concentric with the following described
line:
Parcel I
BEGINNING at the intersection of the centerline of Sky Loft Road with the
Westerly line of SKY LOFT CLUSTERS, according to Map thereof No. 7880, on file in
the County Recorder's office of said County, being a point in the arc of a
200.00 foot radius curve, concave Southeasterly, a radial to said point bears
North 61°58~20'' West; thence leaving said Westerly line and tangent to said
curve, South 28°01'40'' West, 188.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 37°05'01", a distance of 194.17 feet to Point "A" of this
description;thence continuing Westerly along said 300.00 foot radius curve
through a central angle of 14"53'35", a distance of 77.g8 feet; thence tangent to
said curve South 80"00'16" West, 147.00 feet to a tangent 300.00 foot radius
curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 09"27'52", a distance of 49.55 feet; thence tangent to said
curve, South 70°32'24'' West, t33.00 feet to a tangent 300.00 foot radius curve,
concave Northerly; thence Westerly along the arc of said curve through a central
angle of 29"09'08", a distance of 152.64 feet; thence tangent to said curve,
North 8D°18'28TM West, 44.00 feet to Point "B" of this description; thence
continuing North 80°18'28" West, 121.00 feet to a tangent 300.00 foot radius
curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 43°47'12'', a distance of 229.27 feet; thence tangent to said
curve South 55"54'20" West, 132.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 01"54'35", a distance of 10.00 feet to the POINT OF TERMINUS t;
thence continuing along said curve through a central angle of 07°08'55'' a
distance of 37.43 feet to a point on the Westerly line ofsaldSection 34, distant
thereon North 01"23'47" West, 607.36 feet from the Southwesterly corner thereof.
The Northerly sideline of said 10.00 foot wide strip to be lengthened so as to
intersect Easterly in said Westerly line ofs~id Map No. 7880 and Westerly in a
radial line of said 300.00 foot radius curve through the POINT OF TERMINUS I.
Parcel I!
TOGETHER WITH a 30.00 foot wide strip of land, the sidelines of said strip lying
15.00 feet on each side of the following described centerline:
BEGINNING at above described Point "A"; thence South 24°53'19'' East, 40.00 feet
to the POINT OF TERMINUS II.
Parcel III
ALSO TOGETHER WITH a 30.00 foot wide strip of land, the sidelines of said strip
lying 15.00 feet on each side of the following described centerline:
BEGIMNING at the above described Point "B"; thence South 09°41'32'' West, 47.00
feet to the PSINT OF TERMINUS III.
The sidelines of said strip shall be extended Northerly to intersect with the
Southerly line of Parcel No. 87-0175-B, Parcel I and Southerly in lines that are
at right angles tosaid TERMINUS II and TERMINUS III.
WHEN. ~EGORDED, PLEASE ''dO19 3
· MAIL THI9 INSTRUMENT
I
CITY OF ENCINITAS I
543 Encinitas Blvd, Suite 109 I
Encinitas, CA 92024 I
I
I
I
NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR PUBLIC HIGHWAY
Assessor's Parcel Project: SKY LOFT RD/TM4563
No. 216-110-12; 216-100-01 W.O. No. : TE3022
Parcel No.: 87-0175-A
Log No.: 226-04
HOWARD FRANCES MURPHY and BARBARA M. MURPHY, husband and wife
AND MICHAEL KEVIN MURPHY, an unmarried man
hereinafter called GRANTOR(S), do(mx) hereby GRANT, CONVEY and DEDICATE to the City of
Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents
thereto for public highway upon, over and across that certain real property in the City of
Encinitas, State of California, described as follows:
Parcel No. 87-0175-A (04-24-87) (ENG:DMW:po)
That portion of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof lying
within a 40.00 foot wide strip of land, the sidelines of said strip lying 10.00
feet Northerly and 30.00 feet Southerly of the following described line:
BEGINNING at the intersection of the centerline of Sky Loft Road with the
Westerly line of SKY LOFT CLUSTERS, according to Map thereof No. 7880, on file in
the County Recorder's office of said County, being a point in the arc of a
200.00 foot radius curve, concave Southeasterly, a radial to said point bears
North 61"58'20" West; thence leaving said Westerly line and tangent to said
curve, South 28°01'40'' West, 188.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 51°58'36'', a distance of 272.15 feet; thence tangent to said
curve South 80°00'16" West, 147.00 feet to a tangent 300.00 foot radius curve,
concave Southerly; thence Westerly along the arc of said curve through a central
angle of 0g°27'52'', a distance of 49.55 feet; thence tangent to said curve,
South 70°32'24'' West, 133.00 feet to a tangent 300.00 foot radius curve, concave
Northerly; thence Westerly along the arc of said curve through a central angle of
29°09'08", a distance of 152.64 feet; thence tangent to said curve,
North 80"18'28" West, 165.00 feet to a tangent 300.00 foot radius curve, concave
Southerly; thence Westerly along the arc of said curve through a central angle of
43°47'12'', a distance of 229.27 feet; thence tangent to said curve
'J'"
Parcel No. 87-0175-A (Cont.)
South 55°54'20'' West, 132.00 feet to a tangent 300.00 foot radius curve, concave
Northwesterly; thence Southwesterly along the arc of said curve through a central
n 1 ° ' " ·
a g e of 09 03 30 , a d~stance of 47.43 feet to a point on the Westerly line of
said Section 34, distant thereon North 01°23'47'' West, 60?.36 feet from the
southwesterly corner thereof, said point being the POINT OF TERMINUS.
The sidelines of said strip shall be lengthened and/or shortened so as to
intersect Easterly in the Westerly line of said Map No. 7880 and Westerly in the
Westerly line of said Section 34.
· iTh~'GRANTOR hereby grants to the GRANTEE the ge and right to extend drainage
stroctures and excavation and embankment slopes beyond the limits of the herein described
right-of-way where required for the construction and maintenance of said Highway. RESERVING
unto 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 District 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 said Engineer(s}.
The GRANTOR hereby further grants to 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 right to use the same in such manner and 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
highway.
Dated this /¢ day of ~//~_~ , 19~.
BARBARA M. MURPHY
STATE OF Cal±£ornia ) ss.
County of mn
On June 19, , 19 87, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared Michael KevinIv~jrphy a_ndHowarO
Frances Murphya~Barbara M. Murphy ..........................................
known to me to be the person es whose name es subscribed to the within
instrument, and acknowledged that they executed the same.
Witness my hand and official seal. ~.~~~
Notary ?ublic in and for said County and State
Susan L. An~s '~~
This is to certify that the interest in real property conveyed by the deed or grant to
the City of 6ncinitas, a political corporation and/or governmental agency is hereby
accepted by the undersigned officer or agent on behalf of the City Council pursuant to
authority conferred by Resolution No.8~67:adopted on ~/~/~/~f and the grantee
consents to recordation thereof by its duly authorized o"fficer.
Dated ~.~ /Z~/ ,~'/ By
.WHEN' RE~ORDED, PLEASE U" 1 926
TH~S INSTRUMENT TO: 1
1
CITY OF ENCINITAS 1
543 Encinitas Blvd., Suite 109 1
Encinitas, CA 92024 1
1
1
NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ONLY
F_J~SE~#T
DRAINAGE
Assessor's Parcel Project: SKY LOFT RD/TM4563
No. 216-110-12; 216-100-01 W.O. No. : TE3022
Parcel No.: 87-0175-B
Log No.: 226-05
HOWARD FRANCES MURPHY and BARBARA M. MURPHY, husband and wife
AND MICHAEL KEVIN MURPHY, an unmarried man
hereinafter designated Grantor(s) do(m~) hereby grant, bargain, convey and release unto
CITY OF ENCINITAS herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all
structures incidental thereto, and for the flowage of any waters in, over, upon or through
said channel, together with the perpetual right to remove buildings, structures, trees,
bushes, undergrowth, and any other obstruction interfering with the use of said easement
and right-of-way by the Grantee, its successors or assigns. To have and to hold said
easement and right-of-way unto itself and unto its successors and assigns forever together
with the right to convey said easement, or any portion of said easement, to other public
agencies.
The real property referred to hereinabove and made subject to said easement and
right-of-way by this grant is situated in the County of San Diego, State of California, and
is particularly described as follows:
Parcel No. 87-0175-B (04-24-87) (ENG:DMW:po)
That portion of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof lying
within an 18.00 foot wide strip of land, the Northerly line of said strip lying
28.00 feet Northerly of and parallel and concentric with the following described
line:
Parcel I
BEGINNING at the intersection of the centerline of Sky Loft Road with the
Westerly line of SKY LOFT CLUSTERS, according to Map thereof No. 7880, on file in
the County Recorder'$ office of said County, being a point in the arc of a
200.00 foot radius curve, concave Southeasterly, a radial to said point bears
North 61°58'20'' West; thence leaving said Westerly line and tangent to said
curve, South 28°01'40'' West, 188.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 37°05'01", a distance of 194.17 feet to Point "A" of this
description;thence continuing Westerly along said 300.00 foot radius curve
through a central angle of 14°53'35", a distance of 77.98 feet; thence tangent to
said curve South 80°00'16'' West, 147.00 feet to a tangent 300.00 foot radius
curve, concave Southerly; thence Westerly along the arc of said curve through a
Parcel No. 87-0175-B (Cont.)
central angle of 09°27'52", a distance of 49.55 feet; thence tangent to said
curve, South 70°32'24'' West, 133.00 feet to a tangent 300.00 foot radius curve,
concave Northerly; thence Westerly along the arc of said curve through a central
angle of 29°09'08", a distance of 152.64 feet; thence tangent to said curve,
North 80°18'28'' West, 44.00 feet to Point "B" of this description; thence
continuing North 80°18'28'' West, 121.00 feet to a tangent 300.00 foot radius
curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 43°47'12'1, a distance of 229.27 feet; thence tangent to said
curve South 55°54'20" West, 132.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 01 54'35", a distance of 10.00 feet to the POINT OF TERMINUS I;
thence continuing along said curve through a central angle of 07°08'55'' a
distance of 37.43 feet to a point on the Westerly line of saidSection 34, distant
thereon North 01°23'47'' West, 607.36 feet from the Southwesterly corner thereof.
The Northerly sideline of said 18.00 foot wide strip to be lengthened so as to
intersect Easterly in said Westerly line ofs~id Map No. 7880 and Westerly in a
radial line of said 300.00 foot radius curve through the POINT OF TERMINUS I.
Parcel II
TOGETHER WITH a 30.00 foot wide strip of land, the sidelines of said strip lying
15.00 feet on each side of the following described centerline:
BEGINNING at above described Point "A"; thence South 24°53'19'' East, 40.00 feet
to the POINT OF TERMINUS II.
Parcel III
ALSO TOGETHER WITH a 30.00 foot wide strip of land, the sidelines of said strip
lying 15.00 feet on each side of the following described centerline:
BEGINNING at the above described Point "B"; thence South 09°41'32'' West, 47.00
feet to the POINT OF TERMINUS III.
The sidelines of said strip shall be extended Northerly to intersect with the
Southerly line of Parcel No. 87-0175-B, Parcel I and Southerly in lines that are
at right angles tosaid TERMINUS II and TERMINUS III.
928
The' Grantee shall have the right to fence all or any portion of said easement herein
conveyed within which there is installed or constructed an unenclosed flood drainage
channel. The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor in
accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing by
the contractor or Grantor of an adequate performance bond to guarantee completion of the
work.
There is reserved to the Grantor, his successors and assigns, the right and privilege to
use the above described land of the Grantor at any time, in any manner and for any purpose
not inconsistent with the full use and enjoyment by the Grantee, its successors and
assigns, of the rights and privileges herein granted.
Execute~ this /x¢ dayof ~ ~~~
HOWARD FRANC~S MURPHY ~ BARBARA M. MURPHY
STATE OF ~ifoma )
County of ~ D~o ) ss.
On 5~ 19t , 1987 , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared~ ~ ~hy ~ ~a M. ~by
~ ~el ~ev~ ~.~h~ .....................
......... ~nown to me to be
the person es whose name e~ subscribed to the within
instrument, and acknowledged that ~ev executed the same.
Witness my hand and official seal.
Notary Public in and ~or s~id Co--~u~ty and State
~s~ L. ~s
This is to certify that the interest in real property conveyed by the foregoing deed or
grant to the CITY OF ENCINITAS a
political corporation and/or governmental agency is hereby accepted on behalf of
pursuant to authority conferred by Resolution 87-65 adopted on ~/3//?~-? , and
the Grantee consents to the recordation thereof by its duly authorized of~ic~r.
Dated ~/~ /~
~TY CLERK
!
,, W~)EN RECORDED, PLEAS ~IL
YHIS 'INSTRUMENT TO:
CITY OF ENCINITAS
543 Encinitas Blvd.
Suite lOg
Encinitas, CA 92024
RECORDED REQUEST OF
Recorded Request of DEPt. GENERAL SERViCES
Dept. General Services
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY ,
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION A~REEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT
TO AND OF LOWER PRIORITY THAN THE LIEN
OF SOME OTHER OR LATER INSTRUMENT
Project : TM4563
Assessor's Parcel W.O. No. : TF~n??
No. 216-110-12 Parcel No. :. 87-0175-A~ B
Log No. :
WHEREAS, that certain Deed of Trust between
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
, collectively called BENEFICIARY
and HOWARD FRANCES MURPHY and BARBARA M. MURPHY, husband and wife AND
MICHAEL KEVIN MURPHY, an unmarried man
, collectively called TRUSTOR
and FIRST AHERICAN TITLE INSURANCE COMPANY. a California corporation , called TRUSTEE
and recorded December 9. 1985 , as File/Page No. 85-461903
in the Office of the Recorder in the County of San Diego, State of California; and
WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of
indebtedness for which said Deed of Trust was given for security; and
WHEREAS, TRUSTOR
Will execute and deliver or has/have executed and delivered to the
CITy OF ENCINITAS
County of San Diego, State of California, that certain DOCUMENT(S) for an
DRAINAGE EASEMENT
EASEMEHT FOR PUBLIC HIGHWAY
which DOCUMENT(S) is set forth hereinaft&r as follows:
-1-
.'.. W.EN RECORDED, PLEAS
MAIL THIS INSTRUMENT TO:
I
CITY OF ENCINITAS , I
543 Encinitas Blvd, Suite 109 I
Encinitas, CA 92024 I
I
I
I
NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR PUBLIC HIGHWAY
Assessor's Parcel Project: SKY LOFT RD/TM4563
No. 216-110-12; 216-100-01 W.O. No. : TE3022
Parcel No.: 87-0175-A
Log No.: 226-04
HOWARD FRANCES MURPHY and BARBARA M. MURPHY, husband and wife
AND MICHAEL KEVIN MURPHY, an unmarrledman
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 and incidents
thereto for public highway upon, over and across that certain real property in the City of
Encinitas, State of California, described as follows:
Parcel No. 87-0175-A (04-24-87) (ENG:DMW:po)
That portion of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof lying
within a 40.00 foot wide strip of land, the sidelines of said strip lying 10.00
feet Northerly and 30.00 feet Southerly of the following described line:
BEGINNING at the intersection of the centerltne of Sky Loft Road with the
Westerly line of SKY LOFT CLUSTERS, according to Map thereof No. 7880, on file in
the County Recorder's office of said County, being a point in the arc of a
200.00 foot radius curve, concave Southeasterly, a radial to said point bears
North 61'58'20" West; thence leaving said Westerly line and tangent to said
curve, South 28'01'40" West, 188.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 51 58'36", a distance of 272.15 feet; thence tangent to said
curve South 80'00'16" West, 147.00 feet to a tangent 300.00 foot radius curve,
concave Southerly; thence Westerly along the arc of said curve through a central
angle of 09'27'52", a distance of 49.55 feet; thence tangent to said curve,
South 70'32'24" West, 133.00 feet to a tangent 300.00 foot radius curve, concave
Northerly; thence Westerly along the arc of said curve through a central angle of
2g'og'08", a distance of 152.64 feet; thence tangent to said curve,
North 80'18'28" West, 165.00 feet to a tangent 300.00 foot radius curve, concave
Southerly; thence Westerly along the arc of said curve through a central angle of
43'47'12", a distance of 229.27 feet; thence tangent to said curve
Parcel No. 87-0175-A (Cont.)
South $5°$4'20'' West, 132.00 feet to a tangent 300.00 foot radius curve, concave
Nor~hwester!~; thence Southwesterly along the arc of said curve through a central
angle of 09 03'30", a distance of 47.43 feet to a point on the Westerly line of
said Section 34, distant thereon North 01'23'47" West, 601.36 feet from the
southwesterly corner thereof, said point being the POINT OF TERMINUS.
The sidelines of said strip shall be lengthened and/or shortened so as to
intersect Easterly in the Westerly line of said Map No. 7880 and Westerly in the
Westerly line of said Section 34.
~' ' )he GRANTOR hereby further grants to the GRANTEE the privilege and right to extend drainaoe
structures and excavation and embankment slopes beyond the limits of the herein described
right-of,way where required for the construction andmaintenance of said Nighway. RESERVING
unto 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 cpinion of the District 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 said Engineer(s).
The GRANTOR hereby further grants to 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 right to use the same in such manner and 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
highway.
Dated this day of
, 19
HOWARD FR S r~URPHY
MICHAEL
STATE OF
County of I ss.
On , 19 , before me, the undersigned, a Notary Public
in and for said County and State, personally appeared
in
instrument, and acknowledged ~'hat executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the deed or grant to
the City of a political corporation and/or governmental agency is hereby
accepted by the undersigned officer or agent on behalf of the City Council pursuant to
authority conferred by Resolution No. adopted on and the grantee
consents to recordation thereof by its duly authorized officer.
Dated
By
City Clerk/Treasurer
o" 933
· WHEN RECORDED, PLEASE 1
THIS INSTRUMENT TO: 1
CITY OF ENCINITAS ' 1
543 Encinitas Blvd., Suite 109 1
Encinitas, CA 92024
1
~0 TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ONLY
DRAINAGE
Assessor's Parcel Project: SKY LOFT RD/TM4563
No. 216-110-12; 216-100-01 W.O. No. : TE3022
Parcel No.: 87-0175-B
Log No.: 226-05
HOWARD FRANCES MURPHY and BARBARA M. MURPHY, husband and wife
AND MICHAEL KEVIN MURPHY, an unmarried man
hereinafter designated Grantorls) do(a~) hereby grant, bargain, convey and release unto
CITY OF £NCINITAS herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement,
reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all
structures incidental thereto, and for the flowage of any waters in, over, upon or through
said channel, together with the perpetual right to remove buildings, structures, trees,.
bushes, undergrowth, and any other obstruction interfering with the use of said easement
and right-of-way by the Grantee, its successors or assigns. To have and to hold said
easement and right-of-way unto itself and unto its successors and assigns forever together
with the right to convey said easement, or any portion of said easement, to other public
agencies.
The real property referred to hereinabove and made subject to said easement and
right-of-way by this grant is situated in the County of San Diego, State of California, and
is particularly described as follows:
Parcel No. 87-0175-B (04-24-87) IENG:DMW:po)
That portion of the Southwest Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 West, San Bernardtno Base and Meridian, in the County
of San Diego, State of California, according to Official Plat thereof lying
within an 18.00 foot wide strip of land, the Northerly line of said strip lying
28.00 feet Northerly of and parallel and concentric with the following described
line:
Parcel I
BEGINNING at the intersection of the centerline of Sky Loft Road with the
Westerly line of SKY LOFT CLUSTERS, according to Map thereof No. 7880, on file in
the County Recorder's office of said County, being a point in the arc of a
200.00 foot radius curve, concave Southeasterly, a radial to said point bears
North 61'58'20" West; thence leaving said Westerly line and tangent to said
curve, South 28°01'40'' West, 188.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence Southwesterly along the arc of said curve through a
central angle of 37°0S'01'', a distance of lg4.17 feet to Point "A" of this
description;thence continuing Westerly along said 300.00 foot radius curve
through a central angle of 14°53'35'', a distance of 77.98 feet; thence tangent to
said curve South 80°00'16" West, 147.00 feet to a tangent 300.00 foot radius
curve, concave Southerly; thence Westerly along the arc of said curve through a
Parcel No. 87-0175-B (Cont.)
central angle of 09°27'52", a distance of 49.55 feet; thence tangent to said
curve, South 70*32'24" West, 133.00 feet to a tangent 300.00 foot radius curve,
concave Northerly; thence Westerly along the arc of said curve through a central
angle of 2g°Og'08", a distance of 152.64 feet; thence tangent to said curve,
North 80°18'28'' West, 44.00 feet to Point "B" of this description; thence
continuing North 80°18'28'' West, 121.00 feet to a tangent 300.00 foot radius
curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 43°47'12", a distance of 229.27 feet; thence tangent to said
curve South 55'54'20" West, 132.00 feet to a tangent 300.00 foot radius curve,
concave Northwesterly; thence S~uthwesterly along the arc of said curve through a
central angle of 01°54'35'', a distance of 10.00 feet to the POINT OF TERMINUS I;
thence continuing along said curve through a central angle of 07°08'55'' a
distance of 37.43 feet to a point on the Westerly line of said Section 34, distant
thereon North 01°23'47'' West, 601.36 feet from the Southwesterly corner thereof.
The Northerly sideline of said 10.00 foot wide strip to be lengthened so as to
intersect Easterly in said Westerly line ofs~id Map No. 7880 and Westerly in a
radial line of said 300.00 foot radius curve through the POINT OF TERMINUS I.
Parcel II
TOGETHER WITH a 30.00 foot wide strip of land, the sidelines of said strip lying
15.00 feet on each side of the following described centerllne:
BEGINNING at above described Point" ".
to the POINT OF TERMINUS II. A , thence South 24°53'19" East, 40.00 feet
Parcel III
ALSO TOGETHER WITH a 30.00 foot wide strip of land, the sidelines of said strip
lying 15.00 feet on each side of the following described centerline:
BEGINNING at the above described Point "B"; thence South 09°41'32" West, 47.00
feet to the POINT OF TERMINUS III.
The sidelines of said strip shall be extended Northerly to intersect with the
Southerly line of Parcel No. 87-0175-B, Parcel I and Southerly in lines that are
at right angles tosaid TERMINUS II and TERMINUS III.
The Grantee shall have the right to fence all or any portion of said easement herein
conveyed within which there is installed or constructed an unenclosed flood drainage
channel. The Grante~, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of improvement·
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved
by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage
channel provided such enclosure is constructed or installed by a licensed contractor in
accordance with plans and specifications approved by and to the satisfaction of the
Grantee, its successors and assigns. In granting its approval the Grantee, its successors
and assigns, may impose reasonable conditions including, but not limited to, the filing by
the contractor or Grantor of an adequate performance bond to guarantee completion of the
work.
There is reserved to the Grantor, his successors and assigns, the right and privilege to
use the above described land of the Grantor at any time, in any manner and for any purpose
not inconsistent with the full use and enjoyment by the Grantee, its successors and
assigns, of the rights and privileges herein granted.
Executed this day of , 19
HOWARD FRANCES M BARBARA M. PHY
STATE OF ) ~
County of ) ss.
On , 19 , before me, the undersigned, a Notary Public in and
for said County and State, perSOnal)y appeared
known to me to be
the person whose name subscribed to the within
instrument, and acknowledged that executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing deed or
grant to the CITY OF ENCINITAS
a
political corporation and/or governmental agency is hereby accepted on behalf of its Board,
pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and
the Grantee consents to the recordation thereof by its duly authorized officer.
Dated
936
· WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated
to said DOCUMENT;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowl-
edged, the undersigned BENEFICIARY hereby waives the priority of'said Deed of Trust
in favor of said DOCUNENT to the same extent as if said DOCUNENT had been executed
Dated this ~ day of . , )g. .
By: "7'- -" /
(Acknowledgment
School District)
STATE OF CALIFORNIA )SS
COUNTY OF SAN DIEGO)
and for ~aid County and State, resld~n ~t s w r s
appeared being proved to me on the basis of
satisfactory evidence to be the
of the SCHOOL DISTRICT that executed the within instrument, and acknowledged to me that said
School District executed the within instrument ~)ursuant to a Resolution of its Governing
Board.
WITNESS my hand and official seal
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foregoing
Subordination Agreement to CITY OF ENCINITAS
a po ~
~ accepted~
behalf of City Council pursua6t to authority conferred by Resolution No. 53,
adopted on December lg, lg77, and the Grantee{s} coesent(s) to recordatioon
there3f by its duly authorized officer.
Dated By..
.San..
D egu to
Union Hl~3h School District
Certificate of Acknowledgement, Public Agency
California Civil Code, Section llgll
State of California, County of San Diego
un th~s ~=' day of -~ ~ ~ , in the year 1987
beforeme' theUndersigned,/a n°tary public in and for said State,
personally appeared RODNEY E.,PHILLIPS, ED.D., known to me to be the
COORDINATOR OF SPECIAL PROJECTS of the SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT, and known to me to be the person who executed the within
instrument on behalf of said public agency, and acknowledged to be
that such SAN DIEGUITO UNIOH HIGH SCHOOL DISTRICT executed the same.
Witness my hand and official seal.