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'