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1996-42437Recording Requested By: City Clerk city of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY )~ ~ )SPACE ABOVE FOR RECORDER'S USE ONLY TEMPO~Y CONSTRUCTION Assessor's Parcel Project No. No. - - W.O. No.: 4579 HQ~eQwners Association hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, a temporary construction easement and right-of-way upon, through, under, over and across the hereinafter described real property for incidental purposes necessary to the installation, construction, operation, maintenance, repair, replacement, and reconstruction of Olivenhain Road __with the right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, the right to grade, place or remove soil, equipment and other materials within said right-of-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary in the construction, reconstruction and maintenance of said Olivenhain Road or structures appurtenant thereto. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns, together with the right to convey said easement, or any portion of said easement, to other public agencies. This easement shall terminate upon recordation of a Notice of Completion for the project. SEE EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF BY THIS REFERENCE, C0v4642 i 2163 'Dated this __ day of , 19~ Signature of Owners to be notarized. Attach the appropriate acknowledgements. I certify on behalf of the city Council of the city of En¢initas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the city of Encinitas consents to the making of the f~regoing temporary constructio? ~asement and consents to re~cordat~on thereof~yI lt~d~y a~ri~ officer. Date: '' IQ ~ BY:Al~r~~~ ~.~~ Director of Engineering Services City of Encinitas cov4642 2 164 ALL-PURPOSE ACKNOWLEDGMENT I On F~ /~. /~ before me, ~ ~ (DATE) ' ~ ~ personally known to me - OR- ~ evidence to be the person(s) whose nme(s) ~ is/~e subsc~bed to the wi~in instrument and ~ ............. ] ~ ~ ~ ~ ~ co~.*~9 z capac~ty0es), and that by h~s/her/the~r ~i ~ ~'p~JJ no,~ * ~Comm.~resAUGISl~7~ or the entity upon behalf of which the ~ ....... person(s) acted, executed ~e ins~ument. ~ W!~my hand and offici~ s i O~ION~ mFOR~TION ~ ~e infomafion ~low is not requked by law. However, it could prevent fraudulent attachment of t~s ac~owl- , edgment to ~ ~au~o~zed d~ument. CIPtC~ C~ED BY SIG~R I ~ mDIVmUAL I ~ CORPORATE O~CER t ~ ' TITLe(S) i ~ PAR~ER(S) ~ GUARDIAN/CONSERVATOR APA I~4 VALLEY-SIER~, 8~362-3369 2165 EXHIBIT 'A' LEGAL DESCRIPTION (4579 HOMEOWNERS ASSOCIATION PROPERTY) APN 255-221-30 BEING A PORTION OF LOT 197 OF CITY OF ENCINITAS TRACT NO. 4579-2, ACCORDING TO MAP THEREOF NO. 11922, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTIC~Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID MAP NO. 11922, BEING THE BEGINNING OF A 3,056.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL FROM SAID POINT BEARS NORTH 01°57'18'' EAST, BEING ALSO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, AS DEDICATED PER CITY OF ENCINITAS TRACT NO. 4579-1, ACCORDING TO MAP THEREOF NO. 11921, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE ARC OF SAID CURVE, BOUNDARY, AND RIGHT-OF-WAY 1. EASTERLY 10.02 FEET THROUGH A CENTRAL ANGLE OF 00o11'16"; THENCE CONTINUING ALONG SAID BOUNDARY 2. SOUTH 02"22'32'' EAST 52.13 FEET; THENCE LEAVING SAID BOUNDARY 3. SOUTH 38°10'39" WEST 15.37 FEET TO A POINT ON SAID BOUNDARY; THENCE ALONG SAID BOUNDARY 4. NORTH 02"22'32'' WEST 64.54 FEET TO THE POINT OF BEGINNING. CONTAINS 583 SQUARE FEET MORE OR LESS. PAGE i OF 1 - - 21 SHEET I OF I SHEET RANCHO L.A~ EAICI.NJTA$ MAP NO. 848 RoD.$. 7~24 £0~ I LOT 11 MAP 8']45 PUBIJC ROAD L EASEMENT RECORD,c;1 CITY OF CARLSBAD AUGUST 25. 1961 AS RLE NO~_._ UVENHAIN ROAD ~"'-~u., ,,.- ,~o,~o--- _ - ~- 16_31 _ _ EASEmENT-RECORDED AuGUsT 25. ,96, ,~s ~. ...~.oR. ~ OU~,A~N RO~ ~04~03' R=3056.~'/ L=2~.~' TRACT NO. I I LOT MAP ND. 848 3466 'B'