1998-773289 I DOC 1998-0773289
FIRST AMERICAN TITLE INS. C .= 3~ NO,~' 3C),
THE CITY OF ENCINITAS []FFICI~
Dave Wigginton 8fl[~ DESO 00[~'[~ RE~ER'g 0F'VICE
Encinit~,505S' Vulc~Ave.cA 92024 [[[ IIIIIII il[ll l Ii III II
Space A~ve This L~e for RecoVer',
A.P.N.: 257~11-17 Order No.: 1200171-4 Escrow No.: 398-1297LC
GRANT DEED
[~] co~ed oa ~n v~a~ of mo~y co~v~, or
comp~t~ o~ ~[[ v~ue ]ess v~ue of ~ie~s or e~c~mbr~ces re~[~g at t~e of
u~i~co~orated ~ea; [ ] Cffy of Encinit~, ~d
FOR A VALUABLE CONSIDERATION, Receipt of which is hereby ac~ow]edged,
QGD ~c~t~, ~[C, a CaHfor~a [~ted ~iab~t~ Corporation
hereby GRANT(S) to
THE CITY OF ENCINITAS
the following described property in the City of Eneiultas, County of San Diego State of California;
Complete legal description as more particularly described in Exhibit "A" attached hereto and made a part hereof.
November 5, 1998
QGD Encinita~,)LLC, a California
Limited Liabillt~'~yr~ation ~ by its managing member:
Strand OakHil-~ ,In~e~, a Texas Corp.
By:. ~cJTM
STATE OF CALIFORN~ ./ )SS
COUNTY OF '~t I,/~ ~'TTc, ');- )
On r,4c~:C(r~r-,ci- :~i ~"-,"1~;: b~or~ me,
personally appeared -~'~i ~ ~12 ]~:A
~y ~ m me (or gmv~ m me on ~e 5~is of s~facto~ evidencO m ~ ~e person(aJ whose nme(O ~ subscfi~ to ~e wi~
i~ment aM ac~owl~g~ ~ me ~t h~e~ executed ~e sine ~ h~erJ~ au~o~M ~paci~(~) and ~at by ~ sigmmre(s) on
· e ~mment ~e ~o~ or ~e enfi~ upon beh~f of which
~N~S my hand and official seal.
Sig~r~
~s area for official no.al se~.
Mail Tax Statements to: SAME AS ABOVE or Address Noted Below
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 5854, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SANDIEGO COUNTY, APRIL 28, 1977 AS FILE NO. 77-159702 OF
OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES 20.00 FEET IN WIDTH OVER
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 10 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, BOTH OF TOWNSHIP 13 SOUTH, R3~NGE 4 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TEE CENTER LINE OF WHICH IS
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 10, DISTANT THEREON SOUTH
89000'00'' EAST, 418.83 FEET FROM THE SOUTHWEST CORNER THEREOF, BEING
A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT P~ADIUS CURVE, CONCAVE
SOUTHEASTERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 42007'00''
WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTP~AL ANGLE OF 64043'00'', A DISTANCE OF 45.18 FEET TO A POINT IN THE
PRESENT EXISTING TRAVELED WAY, SAID POINT LYING WITHIN THE EXISTING
RIGHT OF WAY OF COUNTY ROAD SURVEY NO. 373, KNOWN AS QUAIL GARDENS
DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING
TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44019'00'', A DISTANCE
OF 30.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87°48'00'' EAST, A
DISTANCE OF 364.15 FEET TO AN ANGLE POINT; THENCE NORTH 72058'00''
EAST, A DISTANCE OF 65.16 FEET TO THE BEGINNING OF A TANGENT 45.00
FOOT P~ADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89031'00'', A DISTANCE OF
70.31 FEET; THENCE TANGENT TO SAID CURVE, NORTH 16033'00'' WEST, A
DISTANCE OF 681.27 FEET TO AN ANGLE POINT; THENCE NORTH 00058'00''
EAST, A DISTANCE OF 110.98 FEET TO AN ANGLE POINT; THENCE NORTH
14007'00'' WEST, A DISTANCE OF 181.07 FEET TO THE BEGINNING OF A
TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37042'00'', A
DISTANCE OF 131.60 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE
NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN.
Encinitas
CERTIFICATE OF ACCEPTANCE
This ~s to certi~ that the interest ir~ real property conveyed by that certain
Grant Deed dated November ~ ,1998 from QGD Encinitas, LLC, a
California Limited Liability Corporation, to the City of Encinitas is hereby
acceoted by order of the
thereof by its duly authorized officeF and requests free recording pursuant to the
provisions of the Government Code Section 6103.
CITY OF ENCINITAS
........ - ,_a ure n~ass~er~t;Man~--~ e r
Dated:
First Atnerican Title
11512 EL CAMINO REAL, SUITE 205 · SAN DIEGO, CALIFORNIA 92130 · (619) 509-1981
THE CITY OF ENCINITAS Date: December 8, 1998
Dave Wigginton Escrow No.: 398-1297LC
505 S. Vulcan Ave.
Encinitas, CA 92024
RE: 634 Quail Gardens, Encinitas, CA 92024
Dear:
We are pleased to inform you that your escrow was closed on November 30, 1998 and we enclose the following:
Policy of Title Insurance No. 1200171-4 issued by FIRST AMERICAN TITLE INS. CO..
Any recorded documents which you are entitled to will be forwarded to you directly from the County Recorder's office.
Property Tax Information- For your information, County taxes on real property become delinquent as follows: First
installment after December 10th, second installment after the following April 10th. If you do not receive a tax bill one month
prior to the delinquency date, a written request for same should be made to the County Tax Collector. Your written request
should include the legal description and Assessor's Parcel Number (APN) of the property. When the lender collects impound
funds for payment of taxes, the tax bill is usually sent to them.
It has been a pleasure handling your escrow. We look forward to servicing your future real estate transactions.
First American Title Company
LORI CARPENTER ~
Certified Sr. Escrow Officer
~ NO. 1402.92 ORDER NO. 1200171-4
>~>?~/%~ / 92 )
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
DM
SCHEDULE A
POLICY NO. 1200171-4
AMOUNT OF INSUPJuNCE $1,550,000.00 PREMIUM $2,956.00
DATE OF POLICY: NOVEMBER 30, 1998 AT 4:59 P.M.
1. NAME OF INSURED:
THE CITY OF ENCINITAS
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
FEE AND EASEMENT
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
THE CITY OF ENCINITAS
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE 1
~/~ ~O. 1402.92 ORDER NO. 1200171-4
~"~'~'~ ~ 92
-~ ~/ )
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST LOSS OR D~24AGE {AND THE COMPANY
WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY
REASON OF:
PART ONE:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY
THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR
ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN
INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN
POSSESSION THEREOF.
3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD
DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS
IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C)
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE
MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC
RECORDS.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND; NOT
SHOWN BY THE PUBLIC RECORDS.
PART TWO:
1. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY,
ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF
THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER
APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
2. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN
DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS.
PAGE 2
~ NO. 1402.92 ORDER NO. 1200171-4
~!~ ~ / 92 )
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
3. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND
ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED
DECEMBER 3, 1928 IN BOOK 1561, PAGE 51 OF DEEDS, DESCRIBED AS
FOLLOWS:
THE WEST 12 FEET OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF
OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN.
ALSO THAT PORTION OF A 2 FOOT STRIP OF LAND, BEING 1 FOOT ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, LYING WITHIN
THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE
QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10;
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE
QUARTER OF SAID SECTION 10, WHICH POINT IS SOUTH 89°01'50"
EAST, A DISTANCE OF (897.0) FEET FROM THE SOUTHWEST CORNER OF
THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE FROM SAID
POINT OF BEGINNING NORTH 17o05'50" WEST, A DISTANCE
(853.47) FEET.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN
ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUCH ANCHOP~AGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND
ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED
DECEMBER 3, 1928 IN BOOK 1567, PAGE 17 OF DEEDS, DESCRIBED AS
FOLLOWS:
THE WEST 12 FEET OF THE SOUTH ONE QUARTER OF THE SOUTHWEST ONE
QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10~
ALSO A STRIP OF LAND 2 FEET IN WIDTH BEING 1 FOOT ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTER LINE:
PAGE 3
~' ~/~"?~ / 92 )
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE
QUARTER OF SAID SECTION 10, WHICH POINT IS SOUTH 89001'50''
EAST, A DISTANCE OF (897~0) FEET FROM THE SOUTHWEST CORNER OF
THE NORTHEAST ONE QUARTER OF SAID SECTION 10; THENCE FROM SAID
POINT
OF BEGINNING NORTH 17°05'50'' WEST TO A POINT ON TiIE NORTH LINE
OF THE SOUTH ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE
NORTHEAST ONE QUARTER OF SAID SECTION 10.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GR3~NTEE MAY PLACE, ERECT AND MAINTAIN
ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
5. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF THE SAN DIEGO CONSOLIDATED GAS
AND ELECTRIC COMPANY, A CORPORATION BY INSTRUMENT RECORDED
FEBRUARY 19, 1929 IN BOOK 1591, PAGE 208 OF DEEDS, DESCRIBED
AS FOLLOWS:
THE WEST 12 FEET OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF
OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH, PJ~NGE 4 WEST SA~ BERNARDINO
MERIDIAN.
ALSO THAT PORTION OF A 2 FOOT STRIP OF LAND BEING 1 FOOT ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE, LYING WITHIN
THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE
QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 10;
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE
QUARTER OF SAID SECTION 10, WHICH POINT IS SOUTH 89°01'50''
EAST, A DISTANCE OF (897~0) FEET FROM THE SOUTHWEST CORNER OF
THE NORTHEAST ONE QUARTER OF SAID SECTION 10; THENCE FROM SAID
POINT OF BEGINNING NORTH 17o05'50'' WEST, A DISTANCE OF
(853.47) FEET.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN
ON THE LANDS OF THE GR3~NTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUSH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 4
~%..~ ,~O. 1402.92 ORDER NO. 1200171-4
ALTA OWNER' S POLICY
WESTERN REGIONAL EXCEPTIONS
6. AN EASEMENT OVER SAID LAND FOR WATER LINES AND INCIDENTAL
PURPOSES AS DEDICATED BY ALICE B. VAUGHAN, J. W. VAUGHAN AND
A. L. SMALL IN DEED DATED APRIL 11, 1935 AiqD RECORDED OCTOBER
31, 1935 IN BOOK 449, PAGE 81 OF OFFICIAL RECORDS. THE
LOCATION OF SAID EASEMENT IS NOT SET FORTH IN SAID DEED.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7. AN EASEMENT FOR PIPELINE OR PIPELINES FOR THE TRANSMISSION AND
DISTRIBUTION OF WATER WITH THE RIGHT OF INGRESS AND EGRESS AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGUITO IRRIGATION
DISTRICT, RECORDED FEBRUARY 17, 1956 IN BOOK 5982, PAGE 201 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89o44'30" EAST ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER 7.5 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 2°15'30'' WEST ALONG A LINE PARALLEL WITH THE WEST
LINE OF SAID SOUTHWEST QUARTER AND DISTANT EASTERLY 7.5 FEET
THEREFROM, A DIST}/qCE OF 170 FEET TO AN ANGLE POINT; THENCE
SOUTH 89°39'10'' EAST ALONG A LINE PAP~ALLEL WITH THE SOUTH LINE
OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID
SOUTHWEST QUARTER AND DISTANT SOUTHERLY 7.5 FEET THEREFROM A
DISTANCE OF 489.11 FEET TO AN ANGLE POINT; THENCE SOUTH
15o06'30" EAST 840.77 FEET, MORE OR LESS, TO A POINT IN THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID
SOUTHWEST QUARTER, SAID POINT BEING SOUTH 89012'30'' EAST, A
DISTANCE OF 747.37 FEET, MORE OR LESS, FROM THE SOUTHWEST
CORNER OF THE NORTH HALF OF THE SOUTH HALF OF SAID SOUTHWEST
QUARTER.
EXCEPTING THEREFROM ANY PORTIONS LYING WITHIN THE EXISTING 12
FOOT EASEMENT GRANTED TO THE SAN DIEGO GAS AND ELECTRIC CO.
FOR POLE LINES.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
8. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY BY INSTRUMENT RECORDED MARCH 15, 1957 IN BOOK 6500,
PAGE 62 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
PAGE 5
~ ~O. 1402.92 ORDER NO. 1200171-4
'~'~:~.?~/-~7/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
THAT CERTAIN PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIA/q, DESCRIBED IN A DEED RECORDED IN BOOK
2539, PAGE 128 OF OFFICIAL RECORDS OF SAID COUNTY OF SANDIEGO
WITHIN THE NORTHERLY 6.0 FEET OF THE EASTERLY 600.0 FEET.
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN
ON THE LANDS OF THE GR3~NTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL B.
9. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY
PURPOSES AND INCIDENTAL PURPOSES AS RESERVED BY INSTRUMENT
RECORDED MAY 3, 1971 AS FILE NO. 89627 OF OFFICIAL RECORDS,
AND THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR
RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD, OVER, UNDER,
ALONG AND ACROSS THE SOUTHERLY 20 FEET OF PARCEL A OF PARCEL
MAP NO. 5854.
10. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC
RIGHT OF WAY PURPOSES, DATED JULY 12, 1976 IN FAVOR OF COUNTY
OF SANDIEGO, UPON THE TERMS AND CONDITIONS CONTAINED THEREIN,
RECORDED JULY 21, 1976 AS FILE NO. 76-230528 OF OFFICIAL
RECORDS, OVER AND ACROSS THOSE PORTIONS OF THE NORTH HALF OF
THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL NO. 76-0499-A:
A STRIP OF LAND 60.00 FEET IN WIDTH, THE SIDELINES OF SAID
STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID NORTH ONE
HALF OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10
INSTANT THEREON SOUTH 89o07'57'' EAST, 337.70 FEET FROM THE
SOUTHWEST CORNER THEREOF; THENCE NORTH 15o40'50'' WEST, A
DISTANCE OF 169.93 FEET TO THE NORTHERLY LINE THEREOF.
PAGE 6
~ ~. 1402.92 ORDER NO. 1200171-4
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
PARCEL NO. 76-0499-B:
A STRIP OF LAND 60.00 FEET IN WIDTH, THE SIDELINES OF SAID
STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, DISTANT
THEREON SOUTH 89000'00'' EAST, 418.83 FEET FROM THE SOUTHWEST
CORNER THEREOF, BEING A POINT IN THE ARC OF A NON-TANGENT
40.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO
SAID POINT BEARS NORTH 42007'00" WEST; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44019'00'', A DISTANCE OF 30.94 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 87048'00'' EAST, A DISTANCE OF 364.15 FEET TO AN
ANGLE POINT; THENCE NORTH 72058'00'' EAST, A DISTANCE OF 65.16
FEET TO THE BEGINNING OF TANGENT 45.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 89°31'00", A DISTANCE OF
70.31 FEET; THENCE TANGENT TO SAID CURVE NORTH 16033'00'' WEST,
A DISTANCE OF 88.22 FEET TO THE SOUTHERLY LINE OF SAID NORTH
ONE HALF OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10,
BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 16033'00''
WEST, A DISTANCE OF 171.63 FEET TO A POINT IN THE NORTHERLY
LINE THEREOF AND THE POINT OF TERMINUS.
THE SIDELINES OF THE AFOREDESCRIBED 60.00 FOOT STRIPS SHALL BE
LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE NORTHERLY AND
SOUTHERLY ON THE NORTHERLYAND SOUTHERLY LINES RESPECTIVELY OF
SAID NORTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF SAID
SOUTHWEST QUARTER.
11. AN EASEMENT FOR PIPELINE OR PIPELINES FOR THE TRANSMISSION AND
DISTRIBUTION OF WATER TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGUITO
IRRIGATION DISTRICT, RECORDED NOVEMBER 4, 1976 AS FILE NO. 76-
368822 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID EASEMENT TO BE 15 FEET IN WIDTH, THE CENTERLINE BEING 15
FEET WESTERLY AND PAR3~LLEL WITH THE CENTERLINE OF S.C~ 1431-1
(QUAIL GARDENS DR.) AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PAGE 7
~!~ ~0. 1402.92 ORDER NO. 1200171-4
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN AND DISTANT THEREON SOUTH 89°13'18'' EAST
269.87 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF;
THENCE NORTH 15°40'50'' WEST 520.54 FEET TO THE BEGINNING OF A
TANGENT 2415.00 FOOT P~ADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG SAID CURVE 156.23 FEET TO A POINT IN THE NORTH
LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10.
THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR
SHORTENED SO AS TO BEGIN AND TERMINATE RESPECTIVELY IN THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF AND THE NORTH
LINE OF THE SOUTH HALF OF THE NORTH HALF ALL IN THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
12. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC
RIGHT OF WAY PURPOSES, DATED DECEMBER 23, 1976 IN FAVOR OF
COUNTY OF SAN DIEGO, UPON THE TERMS AND CONDITIONS CONTAINED
THEREIN, RECORDED JANUARY 12, 1977 AS FILE NO. 77-012676 OF
OFFICIAL RECORDS.
THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS:
PARCEL NO. 76-0903-A:
A STRIP OF LAND 60.00 FEET IN WIDTH LYING WITHIN THAT PORTION
OF THE NORTHEAST QUABTER OF SECTION 10, TOWNSHIP 13 SOUTH,
93~NGE 4 WEST, SAN BERNABDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS CONVEYED TO GEORGE B. TOWNSEND,
ET UX, BY DEED RECORDED JULY 24, 1975 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AS FILE NO. 75-192525 OF
OFFICIAL RECORDS, THE SIDELINES OF SAID 60.00 FOOT STRIP LYING
30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF PARCEL MAP
NO. 4957, ON FILE IN SAID RECORDER'S OFFICE; THENCE NORTH
15040'50TM WEST, 169.93 FEET TO THE SOUTH LINE OF THE NORTH
HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
NORTHEAST QUARTER, SAID POINT BEING ALSO THE TRUE POINT OF
BEGINNING; THENCE ON A PROLONGATION OF THE ABOVE MENTIONED
PAGE 8
ALTA OWNER' S POLICY
WESTERN REGIONAL EXCEPTIONS
COURSE NORTH 15040'50'' WEST, 524.97 FEET TO THE BEGINNING OF
A TANGENT 2,400 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 151.97 FEET TO THE NORTH
LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SAID NORTHEAST QUARTER.
THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR
SHORTENED SO AS TO BEGIN AND TERMINATE RESPECTIVELY IN THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER AND THE NORTH LINE
OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SAID NORTHEAST QUARTER.
PARCEL NO. 76 0903-B:
A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN THE NORTH
HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER AND THE SOUTH HALF OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER ALL IN SECTION 10,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE EASTERLY
LINE OF SAID 30.00 FOOT STRIP BEING CONTIGUOUS WITH THE
WESTERLY LINE OF THi~T CERTAIN 20.00 FOOT WIDE EASEMENT
DESCRIBED IN SUPERIOR COURT CASE NO. 3496N FILED IN THE OFFICE
OF THE COUNTY RECORDER OCTOBER 23, 1975 AS FILE NO. 75-294322
OF OFFICIAL RECORDS.
13. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND
CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY BY INSTRUMENT RECORDED MARCH 15, 1977 AS FILE NO. 77-
094285 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS
THE SAID EASEMENT AND RIGHT OF WAY SHALL BE 12 00 FEET IN
WIDTH, BEING 6.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF PARCEL 2 OF
PA_RCEL MAP NO. 4957, FILED JULY 29, 1976 AS FILE NO. 76-241622
OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY OF SAN DIEGO, DISTANT THEREON SOUTH 00°46'42''
WEST, 3.88 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE FROM
SAID POINT OF BEGINNING NORTH 88049'42" EAST, 229.84 FEET.
PAGE 9
~[~ NO. 1402.92 ORDER NO. 1200171-4
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE
PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN
ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED
RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY
GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
14. THE PARCEL MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN
CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL
MAP FOR FURTHER PARTICULARS.
15. THE FACT THAT SAID LAND COULD BE SUBJECT TO INUNDATION, AS
DISCLOSED BY PARCEL MAP NO. 5854.
AFFECTS PARCEL A.
16. THE LIMIT OF PROPOSED STREET WIDENING AS DELINEATED ON PARCEL
MAP NO. 5854.
AFFECTS PARCEL A.
17. A PROPOSED 30 FOOT PRIVATE ROAD AND UTILITY EASEMENT AS
DELINEATED ON PARCEL MAP NO. 5854.
18. THE PACT THAT SAID LAND LIES WITHIN THE "SAN DIEGUITO
REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER
5, 1986 AS PILE NO. 86-390249 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
PAGE 10
A~ OWNER' S POLICY
WESTERN REGIONAL EXCEPTIONS
19. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR
THE TPJINSMISSION AND DISTRIBUTION OF ELECTRICITY,
COMMUNICATION FACILITIES, AND APPURTENANCES TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR
OF SANDIEGO GAS AND ELECTRIC COMPANY, A C~RPORATION, RECORDED
FEBRUARY 18, 1988 AS FILE NO. 88-074667 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
THE EASTERLY 30.00 FEET OF SAID PARCELS 1 AND 2 SHOWN AND
DELINEATED IS "PROPOSED 30' PRIVATE ROAD & UTILITY EASEMENT"
AND "EXISTING 30' IRREVOCABLE OFFER OF DEDICATION OF REAL
PROPERTY FOR ROADWAY PURPOSES GtlANTED TO THE COUNTY OF SAN
DIEGO BY DOCUMENT NO. 77-012676, DATE 1-12-77 BOOK 1977 OF
OFFICIAL RECORDS" ON SAID PARCEL MAP NO. 5854.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
20. AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITIES TOGETHER
WITH INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL
PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA CORPOR3kTION,
RECORDED FEBRUARY 18, 1988 AS FILE NO. 88-075502 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
THE EASEMENT SHALL BE LOCATED ON THAT PORTION OF SAID PARCEL
2 DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS, "PROPOSED
30' PRIVATE ROAD & UTILITY EASEMENT" AND "EXISTING 30'
IRREVOCABLE OFFER OF DEDICATION OF REAL PROPERTY FOR ROADWAY
PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT NO.
77-012676 DATE 1-12-77 BOOK 1977 OF OFFICIAL RECORDS."
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
PAGE 11
?~'./~-' /~ )
ALTA OWNER' S POLICY
WESTERN REGIONAL EXCEPTIONS
21. AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND
UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER,
TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND
APPURTENANCES THERETO AND INCIDENTAL PURPOSES AS GRANTED BY
INSTRUMENT RECORDED OCTOBER 18, 1989 AS FILE NO. 89-563333 OF
OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT
AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF
RECORD, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL
2 OF PARCEL MAP NO. 5854, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 28, 1977 AS FILE
NO. 77-159702 OF OFFICIAL RECORDS, DELINEATED AND DESIGNATED
AS "PROPOSED 30' PRIVATE ROAD & UTILITY EASEMENT" ON SAID
PARCEL MAP.
22. ANY EASEMENTS AND/OR SERVITUDES AFFECTING EASEMENT PARCEL B
HEREIN DESCRIBED.
PAGE 12
ALTA O~I'ER' S POLICY
WESTERN REGIONAL EXCEPTIONS
EXHIBIT "1"
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 5854, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SANDIEGO COUNTY, APRIL 28, 1977 AS FILE NO. 77-
159702 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES 20.00 FEET IN WIDTH
OVER THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 10 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 10, BOTH OF TOWNSHIP 13 SOUTH, R3LNGE
4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE
CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, DISTANT THEREON
SOUTH 89°00'00'' EAST, 418.83 FEET FROM THE SOUTHWEST CORNER
THEREOF, BEING A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT
P-ADIUS CURVE, CONCAVE SOUTHEASTERLY, THROUGH WHICH POINT A P~ADIAL
BEARS NORTH 42o07'00" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 64043'00'', A DISTANCE OF
45.18 FEET TO A POINT IN THE PRESENT EXISTING TR3~VELED WAY, SAID
POINT LYING WITHIN THE EXISTING RIGHT OF WAY OF COUNTY ROAD SURVEY
NO. 373, KNOWN AS QUAIL GARDENS DRIVE, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE RETRACING TO THE POINT OF COMMENCEMENT;
THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTP~AL ANGLE OF 44°19'00'', A DISTANCE OF 30.94 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 87048'00'' EAST, A DISTANCE OF 364.15
FEET TO AN ANGLE POINT; THENCE NORTH 72058'00'' EAST, A DISTANCE OF
65.16 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT R3%DIUS CURVE,
CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 89031'00", A DISTANCE OF 70.31 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 16033'00TM WEST, A DISTANCE OF
681.27 FEET TO AN ANGLE POINT; THENCE NORTH 00°58'00" EAST, A
DISTANCE OF 110.98 FEET TO AN AiNGLE POINT; THENCE NORTH 14°07'00"
WEST, A DISTANCE OF 181.07 FEET TO THE BEGINNING OF A TANGENT
200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY
PAGE 13
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°42'00",
A DISTANCE OF 131.60 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF
THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF
SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP
13 SOUTH, RA/qGE 4 WEST, SAN BERNARDINO MERIDIAN.
PAGE 14
First American Title Insurance Company
11512 EL CAMINO REAL, SUITE 205 · SAN DIEGO, CALIFORNIA 92130 · (619) 509-1981
THE CITY OF ENCINITAS Date: January 11, 1999
505 S. Vulcan Ave. Escrow No.: 398-1297LC
Encinitas, CA 92024
attn: Dave Wigginton
RE: 634 Quail Gardens, Encinitas, CA 92024
Dear Dave:
With regard to the above referenced escrow that was closed on November 30, 1998 and we enclose the following:
Certified copy of Grant Deed per your request
Once again it has been a pleasure handling your escrow. We look forward to servicing your future real estate transactions.
First American Title Company
~PENTER
Certified Sr. Escrow Officer
EG
000 1998-0773289
RECORDING R~QUIgSTED BY
THE C~Y OF ~NCtNITAS OFFIC~L
Dave Wigginton ~ HE~ C~gY ~DER'S OFFICE
S~ A~ve This ~ for ~o~er's Usc O~y
A.P.N.: 257%11-17 Order No.: 12~171~ Escrow No,: 39~I29~C
GRANT DEED
THE U NDE~IGN~ O~NTOR(s) D~C~(s) T~AT DOCUMENTARY T~NSF~R T~ ~.. CO~$,~
[ ~] comput~ on ~ll v~ue of pmpemy ~nveyed, or
co~ut~ on ~11 v~ue less v~ of li~ or
uMnco~o~t~ ~; [ ] City of,,Encini~, ~d
FOR A VALUABLE CONSIDERATION, R~eipt of which is hereby ~owl~,
QGD En~Mtm~ LLC4 a CalfforMa L~ted Liab~ ~rporafion
hereby GRANT(S) to
THE CITY OF ENCINITAS
the following described property in the City of Enciultas, County of San Diego State of California;
Complete legal description as more particularly described in Exhibit "A" attached hereto and made a part hereof.
November 5, 1998
QGD EnciniiM,'~L,Ci:'a California I hereby certi~ that this ~ e ~
STATE OF CALIFOP. N~ /' )S$
COUNTY 0I: ~{%/T~,¥".~,'x( ; }
~mem ~ ae~owl~g~ Io ~ ~at h~/~ e~u~d ~e s~ N h~ au~or~ ~ci~(~) and ~t b~ ~k s~l on
ae ~m~t ~ ~on(~) or ~e ~fi~ upon ~h~f of whi~ ~ ~og(*)'a~d, ~umd ~e ~m~. : t. _
~is ~ ~r o~ no~ ~al.
Mail Tax Staterramts to: SAME AS ABOVE or Address Noted Below
Order: KM-00001200171 Description: 98.773289 Page I of 4 Comment CERTIFY
First American Title Insurance Company
Order; KM-00001200171 Description: 98.773289 Page 2 of 4 Comment: CERTIFY
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 5854, IN TI{E CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE O~FICE OF THE COUNTY
RECORDER OF S~N DIEGO COUNTY, APRIL 28, ~977 AS FILE NO. 77-159702 OF
OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT-FOR ROAD AND INCIDENTAL PURPOSES 20.00 FEET IN WIDTH OVER
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 10 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, BOTH OF TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERigARDINO MERIDIAN, ACCORDING TO THE OFFICT~%~ PLAT TPIEREOF, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTER LINE OF WHICH IS
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 10, DISTA/qT THEREON SOUTH
89000'00'' EAST, 418.83 FEET FROM T~{E SOUTHWEST CORNER THEREOF, BEING
A POINT IN THE ARC OF A NON-TANGENT 40.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, THROUGH WHICH POINT A RADIAL BF2%RS NORTH 42°07'00"
WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 64043'00'', A DISTANCE OF 45.18 FEET TO A POINT IN THE
PRESENT EXISTING TRAVELED WAY, SAID POINT LYING WITHIN THE EXISTING
RIGHT OF WAY OF COUNTY ROAD SURVEY NO. 373, KNOWN AS QUAIL GARDENS
DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING
TO THE POINT OF COMMENCEMENT; THENCE CONTINUING NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44°19' 00", A DISTANCE
OF 30.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87°48'00'' EAST, A
DISTANCE OF 364.15 FEET TO AN ANGLE POINT; THENCE NORTH 72°S8'00"
EAST, A DISTA~ICE OF 65.16 FEET TO THE BEGINNING OF A TANGENT 45.00
FOOT R3~DIUS CURVE, CONCAVE NORTHWESTERI~Y; THENCE NO~{THERLY ALONG
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°31'00'', A DISTANCE OF
70.31 FEET; THENCE TANGENT TO SAID CURVE, NORTH 16°33'00'' WEST, A
DISTANCE OF 681.27 FEET TO AN ANGLE POINT; THENCE NORTH 00°58'00''
BAST, A DISTAlgCE OF 110.98 FEET TO AN ANGLE POINT; THENCE NORTH
14°07'00'' WEST, A DISTANCE OF 181.07 FEET TO THE BEGINNING OF A
TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37"42'00", A
DISTANCE OF 131.60 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE
NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERigARDINO MERIDIAN.
Order.' KM-O0001200171 Description: 98. 773289 Page 3 of 4 Comment: CERTIFY
Encinitas
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain
Grant Deed dated November ~ ,1998 from QGD Encinitas, LLC, a
California Limited Liability Corporation, to the City of Encinitas is hereby
a ~qcepted by order o~ the C~ Co,.mci! and the City co~s~.-,ts to r~cordatio.n
thereof by its duly authorized officer and requests free recording pursuant to the
provisions of the Government Code Section 6103.
CITY OF ENCINITAS
L~uren Wasserman, City Manager
TEl, 760-633-2600 I FAX 760-633-2627 505 S. Vulcan Avenue. Encinitas, California 92024-3633 TDD 760-633-2700 ~ recyclee~paper
Order: KM-00001200171 Description: 98.773289 Page 4 of 4 Comment: CERTIFY