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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.