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2002-1153620 Recording Requested By: ) DOC Ci~ Engineer ) .}E! .... 1. ) Ci~ Clerk ) ,~Eu 505 Sou~ V~c~ Avenue ) Enciffit~, CA 92024 ) ) FOR T~ B~FIT OF THE CITY ) )SPACE ~OVE FOR ~CO~ER'S USE ONLY Assessor's P~cel No. Project No.: ~ 94-066 254-612-11 W.O. No.: 5661-1 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 a landscape maintenance easement, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said landscape maintenance facilities. Reserving unto the 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 City 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 the City Engineer. Pub.access and ldscp.malnt6-3 - 1999 jlr ~. The Grantor hereby further grants to the 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 a manner and at such locations as said Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said landscape maintenance facilities subject to the right of Grantor and Grantor's successors and assigns, so long as Grantor's property is used for agricultural 'and related proposes, to reasonably approve in writing any landscape maintenance plan, proposed replacement or modifications of such plan and the maintenance of said landscape facility consistent with the requirements for light and air for use of and consistent with access to Grantor's adjacent property. 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 wq-~- day o~laf',20 O OWNER: R.E.L.S., Inc., . A California Corporation Robert J. Echter, President Pub.access and ldscp.maint6-3-1999 jlr 2 This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: Peter Cota-Robles P.E. Director of Engineering Services City of Encinitas Pub.access and ldscp.maint6-3-1999 jlr 3 ~.~.GAL DF-~CRIPTION FOR LANDSCAPE MAINTENANCE PURI~SF, S PARCel. 1 A strip of land 3.00 feet wide, over that portion of Parcel 54 of Lot Line Adjustment No. 98-181 BA in the City of Encinitas, County of San Diego, State of California recorded January I/2, 1999, as Document No. 1999:0036120 of Offic/al Records of said County, the Southeasterly and F~terly line of which is described as follows: Beginning at the intersection of the Northwesterly right-of-way of Quail Gardens Drive and the Easterly line of said Parcel 54 as shown on sa/d lot line adjustment; thence South 26°27'02" West 162.17 feet along said Northwesterly I/ne to the beginn/ng of a tangent curve concave Easterly having a radius of 595.00 feet; thence Southerly 221.06 feet along said curve through a central angle of 21°17'15'' and the Westerly fight-of-way of said ~i! Gardens Drive; thence South 5009'47' West 17.30 feet along said Westerly line to Point A; thence continuing South 5°09'47' West 3.64 feet along said Westerly right-of-way. The Northwesterly line of said suip shail be prolonged Northeasterly to terminate on said Easterly. line. PARCI~,T. 2 That portion of Parcel 54 of Lot Line Adjustment No. 98-181 BA in the City of Encinitas, County of San Diego, State of California, recorded .January 22, 1999, as Document No. 1999- 0036120 of official records of said County, lying Southerly of the following described line: Beginning at Point A hereinabove described in Parcel 1; thence South 84°50'00'' West 4~1:9.62 feet to the beginning of a tangent curve concave Northerly having a radiu.~ of 1330.00 feet; thence Westerly 157.17 feet along said curve through a central angle of 6°46'15" to the Easterly right-of-;~ray of Sidonia Street as shown on said l°t line adjustment. Except that portion lying Easterly of the Westerly right-of-way of Quail Gardens Drive, lying Southerly of the Northerly right-of-way of Lencadia Boulevard and Westerly of the Easterly right-of-way of Sidonia Street as shown on m~p. Also except that portion included within Parcel 1, described above. As more particularly shown on Exhibit "B~ attached hereto and made a part hereof. EXHIBIT "B" Ske~vl~ ~0 Aeeom~e~ ~ege~ ~eser~tio~ ,...-..-~ ....,,.,,.,,_,.., :,.R. / / LE(3END ~ PUBLIC ACCESS EASEMENT FOR LANDSCAPE MAINTENANCE PURPOSES GRANTED HEREON. , / , ~ INDICATES SCALE EXAGGERATED PARCEL 1 ; .~o,. I""'"' ;~.'?"..-"", .~.'o ~, '.~o, .~..2... ,' % S84°50'0,O"w / 449.62 '"'""' N05o09,47.E 5.64' j TRACT '"'.?' ,.,w. 94-066 ' EASEMENT FOR LANDSCAPE MAINTENANCE PURPOSE8 I IN THE CITY OF ENCINITAS, COUNTY OF ~ DIEGO, STATE OF C, AMFr',qNiA C- LIFOkNIA 'ALL-PU RPOSE ICKNOWLEDGM ENT personally appeared ~~ ~. ~porsonally to mo - O~ - ~ provod to mo on tho basis of satisfacto~ evidonco to ~o tho porson(s) known whose namo{s) is/aro sugscdbod to tho within instrumont and acknowlod~od to mo that ho/sh~/thog oxocutod tho samo in his/her/thoir authorbod capaci~(ios), and that his/hor/thoir si~na/um(s) on tho instrumon/tho porson(s), or tho ontity upon bohalf of which lbo porson(s) actod, oxecutod tho instrumonI. ~ WITNESS hand and official seal. my Signature ~ Nota~ Public OPTIONAL Though the information be/ow is not required by la~ it may prove valuable to persons relying on the d~ument and could prevent fraudulent removal and rea~achment of this form to another document. Description of Attached Document Document Date: ~~ ~ ~ Number of Pages: Signer(s) OtherThan Named Above: ~ ~o~- ~o~J~5 / Capacity(les) Claimed by Signer(s) Signer's Name: ~O~er~ ~. ~ ~igner's Name: ~ Individual ~dual ~ Corporate Officer ~ Corp~te Officer Title(s): ~tle(s):~ ~ Padner--~ Limited g General ~ ~ad~r--~Limited ~ Ge~ral ~ A~orney-in-Fact g Attorney-in-~ ~ Trustee ~ Trustee ~ / ~ Guardian or Consewator ~ G~rdian or Con~r ~ Other: Top of thumb here ~ Other:: /~__--~ Top of thumb here © 1994 National Notary Association · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park. CA 91309-7184 Prod. NO, 5907 Reorder: Call Toll-Free 1-800-876-6827 GOVERNMENT CODE 7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Commission Number: //,~'~*-~ Date Commission Expire~.=~~ Manufa~rer or Vendor Number: ~~/ {Lo.ted on both sides of ~e nota~ seal border) Place °f Executi°n:' ~ -~~/~ · Date: ~ ~~ Rec. Form #RIO (Rev. 7196)