1995-155302Recording Requested By: I~--ARR-~9?5 12:~2 PM
city
of
Encinitas
OF ....
. ~. RECORDS
'' SAN O.~EGO COUNTY RECOROER'S OFFICE
~en Recorded Hail to: ~ G~E~]ORY ~ITH, COUNTY RECORDER
City Clerk FEES: ~.00
01%y of Enolnltas
505 South Vulcan Avenue
Enoinitas, ~ 92024
FO~ ~ BEN~FIT OF THE CITY
~SPACE A~ FOR ~CORDER'~ ~$E ONlY
~ ~0~ CITY HI~AY
TEM~Y EASE~ FOR S~PES. ~IN~. ~ D~I~
Assessor's Parcel Project No.:
No. -. - W.O. No.:
dedicate to the CITY OF ENCINITAS, State of
California, hereinafter called GRANTEE, the right of way and
incidents thereto for a public highway upon, over and across that
certain real property in the City of Encinitas, County of San
Diego, State of California, described as foll. ows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY
THIS REFERENCE, AND EXHIBIT "A-i", IDENTIFYING THE
PERMANENT EASEMENT FOR CITY HIGHWAY ( "Permanent
Easement" ) .
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE AND EXHIBIT "B-l", IDENTIFYING THE TEMPORARY
EASEMENT FOR SLOPES, GRADING AND DRAINAGE ( "Temporary
Easement" ). SAID TEMPORARY EASEMENT WILL TERMINATE UPON
FILING OF A NOTICE OF COMPLETION OF CONSTRUCTION OF LA COSTA
AVENUE BETWEEN I-5 AND EL CANINO REAL PROJECT NO. 3215.
cov4446 i
The Grantor hereby further grants to the CITY OF ENCINITAS the
privilege, and right to extend drainage structures and excavation
and embankment slopes beyond the limits of the herein described
Permanent Easement right-of-way into the Temporary Easement area
where required for the construction and maintenance of said CITY
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 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.
The Grantor hereby further grants to Grantee all trees, growths
(growing or that may hereafter grow), and road building materials
within said Permanent Easement right-of-way, including the right to
take water, together with the right to use the same in such manner
and at 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.
OWNER: ~ ,
Signature of Owner? to be notarized. I
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas,
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 foregoing Right-of-Way Dedica~ion and~consents to
Date:rec°rdati°D%/~'q/~'~th~re°f by its dUlYBy,~~~d~AYanUthorD. Archibalde~°f~er'~//
Director of Engineering Services
City of Encinitas
cov4446 2
)
On ~- ~ , 19l~, ,before me, 6/~ ~}/~. ~ ,
personally a~peared ~-~%~% ~V~ -- , p~rsonally
known to me (or proved to m~ on the'basis'of s~tisfactory
evidence) to be the person(s) whose name(s) ~/are subscribed to
the within instrumented acknowledged to me that ~she/they
executed t~ same in ~/her/their authorized capaclty(ies), and
that by.her/their signature on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
E~XHI~[T "A"
PERMANENT EASEMENT FOR LA COSTA AVENUE RIGHT-OF-WAY
ALL THAT PORTION OF LOT 5 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MBRIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY TI"~REOF,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 00023'58''
EAST ALONG TIlE EASTERLY LINE OF SAID LOT 5 112.28 FEET TO A POINT ON TIlE SOUTHERLY
LINE OF A 60-FOOT WIDE EASEMENT FOR A COUNTY HIGHWAY DESCRIBED IN DEED TO THE
COUNTY OF SAN DIEGO RECORDED AS FILE NO. 191547 ON DECEMBER 7, 1966, IN THE OFFICE OF
~ RECORDER OF SAID COUNTY AND AS SURVEYED PER ROAD SURVEY 1796-65, SAID POINT
BEING THE POINT OF BEGII~NING (FOR TIlE PURPOSE OF THIS DESCRIPTION, BEARINGS ARE
BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, NAD 1927 AS SURVEYED BY
CALTRANS PER MAPS MS 637 AND MS 775); THENCE CONTINUING ALONG SAID EASTERLY LINE
SOUTH 00"23'58" EAST 6.01 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 72°58'54" WEST
162.62 FEET TO TI-[E BEGINNING OF A TANGENT 1360.00-FOOT RADIUS CURVE CONCAVE
SOUTI-IERLY; TI-IENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°
02'27" A DISTANCE OF 451.96 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 53°56'27" WEST
136.22 FEET TO THE BEGINNING OF A NON-TANGENT 4820.00-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 37°07'13" EAST; THENCE
SOUTH1VESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5020' 19" A DISTANCE
OF 449.12 FEET; TI-I]ENCE TANGENT TO SAID CURVE, SOUTH 58°13'06" WEST 267.57 FEET TO A
POINT ON A 399.99-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING THE
EX}IIBIT "A"
PAGE 1 OF 2
EASTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED
JULY 20, 1964, AS FILE NO. 130352 OF THE OFFICIAL RECORDS, A RADIAL TO SAID POINT BEARS
NORTH 59007'27'' WEST; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE THROUGH A
CENTRAL ANGLE OF 26001, 14" A DISTANCEOF 181.65 FEET; THENCE CONTINUING ALONG SAID
EASTERLY LINE NORTH 28°40'06'' WEST 9.87 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID 60-FOOT WIDE EASEMENT FOR A COUNTY HIGHWAY; THENCE NORTHEASTERLY AND
EASTERLY ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES TO THE POINT OF
BEGINNING; THENCE NORTH 61°20'36" EAST 24.78 FEET TO A TANGENT 4,880.00-FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; TH3ENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 3034'25'' A DISTANCE OF 304.37 FEET; THENCE NORTH 57°46, 11"
EAST 405.64 FEET TO A TANGENT 1,370.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 15013'25'' A DISTANCE OF 364.01 FEET; THENCE NORTH 72054'37'' EAST 197.04 FEET.
SD-C 17-400-04/LDLCA,DOC/¢ap/RSP/012095 ~
EXHIBIT "A"
PAGE 2 OF 2
EXHIBIT 'A-I'
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~0~~1~1~ CI~ OF CARLS~D ASSESSOR'S NO. 216-110-31
7808 Convoy Court Suite 200 ~SEMENT FOR PROJECT E.A.= lg6191
Son OWgo, comiforn)o 92111 ~ COSTA AVENUE
Telephone 619/268-8080 RmGHT-OF-WAY EXHIBmT '~-1·
E~H I HIT "a'
TEMPORARY EASEMENT FOR SLOPES, GRADING, AND DRAYAGE
ALL THAT PORTION OF LOT 5 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF,
DESCRIBED AS FOLLOWS:
COMMENCING AT ~ NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 0"23'58" EAST
ALONG THE EASTERLY LINE OF SAID LOT 5 118.29 FEET TO THE POINT OF BEGINNING (FOR
THE PURPOSE OF THIS DESCRIPTION, BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE
COORDINATE SYSTEM, NAD 1927 AS SURVEYED BY CALTRANS PER MAPS MS 637 AND MS 775);
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 0023'58" EAST 26.02 FEET; THENCE
LEAVING SAID EASTERLY LINE SOUTH 74°48'09" WEST 155.26 FEET TO THE BEGINNING OF A
NON-TANGENT 1,340.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT
BEARS NORTH 17°01 '06" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19002'27'' A DISTANCE OF 445.32 FEET; THENCE SOUTH 53o56'27'' WEST 135.85 FEET TO
THE BEGINNING OF A NON-TANGENT 4,840.00-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 37°07'13'' EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°53'10" A DISTANCE
OF 412.76 FEET; THENCE SOUTH 52°49'47" WEST 105.38 FEET; THENCE SOUTH 60°04'51" WEST
238.43 FEET TO A POINT ON A 399.99-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE BEING THE EASTERLY LINE OF LAND CONVEYED TO THE STATE OF CALIFORNIA IN
EXHIBIT "B"
PAGE 1 OF 2
DEED RECORDED JULY 20, 1964, AS FILE NO. 130352 OF THE OFFICIAL RECORDS, A RADIAL TO
SAID POINT BEARS NORTH 65°20'42'' WEST; THENCE NORTHEASTERLY ALONG SAID EASTERLY
LINE THROUGH A CENTRAL ANGLE OF 06°13'15'' A DISTANCE OF 43.43 FEET; THENCE LEAVING
SAID EASTERLY LINE NORTH 58°13'06'' EAST 267.57 FEET TO THE BEGINNING OF A TANGENT
4,820.00-FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 05°20'19' A DISTANCE OF 449.12 FEET; THENCE NORTH 53°56'27'' EAST
136.22 FEET TO THE BEGINNING OF A TANGENT 1,360.00-FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLy; THENCE NORTH EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19002'27" A DISTANCE OF 451.96 FEET; TI-I~NCE NORTH 72058'54" EAST 162.62 FEET TO
TI-IE POINT OF BEGINNING. SAID SLOPE, GRADING AND DRAINAGE EASEMENTS WILL
TERMINATE UPON FILING OF A NOTICE OF COMPLETION OF CONSTRUCTION OF LA COSTA
AVENUE BETWEEN I-5 AND EL CAMINO REAL PROJECT NO. 3215.
SD-C I T-400-O4/LDLCA2.DOC/¢ap/RSP/O12095
EXHIBIT "B"
PAGE 2 OF 2
"', ' ' EXHIBIT 'B 1'
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~O~&E E~I~EE~I~O CI~ 0F CAR~D ASSESSOR'S N0, 216-110-51:
CORPORRTIO~
7808 Co~oy Co~t S~t~ 2OO TEMPORARY ~SEMENT PROJECT E.A,= 196191
San Diego, CalJfornJo 92111 FOR SLOPES, GRADING, EXHIBIT 'B-I'
Te~e~hone 619/2~8-8080 AND DRAINAGE