2003-145138 14747
003 0145138
DOC -
FEB 07, 2003 2:59 PM
Recording requested by: )
) I~'FICI~I.
City of Encinitas )
)
When recorded mail to: ) FEES: 0.~
)
CiW Clerk )
CiW of Encinitas )
505 South Vulcan Avenue )
Encinites, CA 92024 ) SPACE ABOVE FOR 2~3-014~138
IRREVOCABL~ OFFER TO DEDICATE REAL PROPER~
~.¢~ FOR D~INA~E EASEMENT
Assessor's Parcel Project: PC 98-123
No. 261-150-38 W.O. No.: 7435-G
TEMPLE SOLEL, A CALIFORNIA NON-PROFIT CORPORATION
hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto the City
of Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and
right-of-way upon, through, under, over and across the hereinafter described real property for the
installation, construction, maintenance, repair, replacement, reconstruction and inspection of an
enclosed or unenclosed flood DRAINAGE area and all structures incidental thereto, and for the
flowage of any waters in, over, upon or through said area, together with the perpetual right to
remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering
with the use of said easement and right-of-way by the Grantee, its successors or assigns. To
have and to hold said easement and right-of-way unto itself and unto its successors and assigns
forever together with the right to convey said easement, or any portion of said easement, to other
public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way by
this grant is situated in the City of Encinitas, County of San Diego, State of California, and is
particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof by this reference.
The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and
keeping in good repair the above described works of improvement after acceptance by the City.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by
the Grantee, its successors and assigns, any portion of an enclosed flood drainage area provided
such enclosure is constructed or installed by a licensed contractor in accordance with plans and
specifications approved by and to the satisfaction of the Grantee its successors and assigns. In
granting its approval the Grantee, its successors and assigns, may impose reasonable conditions
including, but noTlimited to, the filing by the contractor or Grantor of an adequate form of security,
as approved by the City Engineer to guarantee completion of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege to use the
above described land of the Grantor at any time, in any manner and for any purpose not
7435-G
inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the
rights and privileges herein granted.
Grantor, for himself, his successors and assigns, hereby waives claim for any and all damages to
Owner's remaining property contiguous to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said easement.
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State
of California and may be accepted at any time by City.
This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in
accordance with the summary vacation procedures in Section 8300 et seq. of the Streets and
Highways Code of the State of California. The termination and abandonment may be made by
City.
This Offer of Dedication shall be irrevocable and shall run with the land and be binding upon and
inure to the benefit of future owners, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.-
At time of acceptance of this offer any and all trust deed(s) and easement(s) shall be
subordinated to this Offer of Dedication.
Dated this ~.-~ _ day of ,200...~.
[Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement.]
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 Irrevocable Offer, and consentsrt,o recordation thereof by its duly
authorized officer.
Date:
Peter~ota-~obles
Director of Engineering Se~ices
7435-G
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, 1N THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 15896, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1998,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SAID NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION 26, SAID POINT BEARS
N 89°25'36" W 51.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 26, AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 15896; THENCE S 03°51'10" E 16.49
FEET ALONG THE WESTERLY RIGHT OF WAY OF MANCHESTER AVENUE (RECORD
S 0305 I'16" E PER RECORD OF SURVEY MAP NO. 15896) TO THE TRUE POINT OF
BEGINNING; THENCE N 89025'50" W 38.01 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 46.00 FEET; THENCE
WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE 48.12 FEET THROUGH A
CENTRAL ANGLE OF 59056'22" TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 57.79 FEET; THENCE
SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE 44.30 FEET THROUGH A
CENTRAL ANGLE OF 43°55'24" TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 125.00 FEET, A RADIAL TO SAID
POINT BEARS N 65044'43" E; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG
SAID CURVE 56.88 FEET THROUGH A CENTRAL ANGLE OF 26o04, 19"; THENCE
S 01°01'08" W 19.99 FEET; THENCE S 01°06'47" W 94.15 FEET; THENCE N 89025'35" W
82.00 FEET; THENCE S 01006'47" W 46.89 FEET; THENCE S 89°25'35" E 15.27 FEET;
THENCE S 01°06'47" E 25.52 FEET; THENCE S 89°25'35'' E 146.73 FEET TO THE
WESTERLY RIGHT OF WAY OF MANCHESTER AVENUE AS SHOWN ON SAID
RECORD OF SURVEY MAP NO. 15896; THENCE ALONG SAID WESTERLY RIGHT OF
WAY N 03°51' 10" W 20.05 FEET (RECORD N 03 °51' 16" W PER RECORD OF SURVEY
MAP NO. 15896); THENCE N 89°25'35" W 62.76 FEET; THENCE N 01°06'47" E 52.42
FEET; THENCE N 89°25'35" W 13.51 FEET; THENCE N 01°06'47" E 93.84 FEET; THENCE
N 01°01 '08" E 19.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 145.00 FEET, A RADIAL TO SAID
POINT BEARS S 88010'58" E; THENCE NORTHERLY ALONG SAID CURVE 28.05 FEET
THROUGH A CENTRAL ANGLE OF 11°05'02"; THENCE N 20005'02" E 52.54 FEET;
THENCE N 69°54'58" W 9.00 FEET; S 20005'02" W 38.49 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
145.00 FEET, A RADIAL TO SAID POINT BEARS N 74°08' 16" E; THENCE
NORTHWESTERLY ALONG SAID CURVE 19.05 FEET THROUGH A CENTRAL ANGLE
OF 07°31 '33" TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
EASTERLY, HAVING A RADIUS 37.79 FEET, A RADIAL TO SAID POINT BEARS S
79o12, 12" W; THENCE NORTHERLY ALONG SAID CURVE 27.32 FEET THROUGH A
CENTRAL ANGLE OF 41°25'35" TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 26.00 FEET; THENCE
1 of 2
EXHIBIT "A"
NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE 27.20 FEET THROUGH A
CENTRAL ANGLE OF 59°56'22";THENCE S 89025'50'' E 39.65 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF MANCHESTER AVENUE AS SHOWN ON SAID
RECORD OF SURVEY MAP NO. 15896; THENCE ALONG SAID RIGHT OF WAY LINE N
03°51' 10" W 20.06 FEET (RECORD N 03°51' 16" W PER RECORD OF SURVEY MAP NO.
15896) TO THE TRUE POINT OF BEGINNING.
CONTAINS: 0.353 ACRES
[~'~ES ~,IE~ P.L.S. 4307 DATED
2 of 2
EXHIBIT "A"
PM I 1058
....(N 89'25',36" W ~ 609.79'._~ R...O S 15896_,) N 89'25',36"_._W 609. Ir_._ ~,,~,, ~~81' PCB ~1
,.I N oo'54'1¢ E (R) Il 51.00
~1~ .... '~ I ~ [/TPOB /
"1 .59.22,12-. ~R) / ~' . T9 /I ITM
T2 s o,'o,'oB"w 19.99' -¢~'%BB~0.5. C, ~ ~ ,0_.
T3 S 89'25'55" E 15.27' 8 w (R) \ 8 ~ [~-.~ r~
- - ~o, , ,z
T4 N 05'51'10" W 20.05' T2 T5 \¢ / /O~.
T5 N 01'01'08" E 19.75' PORTION E 1/2
T6 N20'OS'O2"E 52.54' NE 1/4., NE 1/4. / /~'
T7 N 69'54'58" W 9.00' SECTION 26 ~' '~ ' %
TB s,o'os'o,'w~B.49' -~l~,,<W ~1 I=
rl'l
T9 S 89'25'50" E 39.65' S.B,JVJ. ~. ~= ~ -- --
TlCN 05'51'10" W 20.06' .~OS 1589~ I,,. :I,, "='J / , /~
Tll S 01'06'47" W25.52' ~, ,~ II / I /~ ,
T12 . Bg'25'55'w ,5.51' ~1 I~- /I I/~
o o
,,,: :,,, /I ILo
E.T^ R^D.US
Cl 59'56'22" 46.00' - .... . ~1 ' ¢2.00' ' ' ~,] r(~:~ ' ~ ~ I
C5 26'04'19" 125.00' 56,88 ~.~ ~.~ /~V/ ~ I ~
C4 11'05'02" 145.00' 28.05' ~'~
C5 07'31'33" 145.00' 19.05 ~
c~ ~1'25'3s" 37.7.' 27.~2; ~E.. ~'2~'35; ~ ~ ~
~i~3' ' ~'" '~
' -- -- ~'25~42'~ E ~50.8~ ~.S. 158~$~ ~80'25'35"E--~0.88'
LEGEND RCS 10380
PCB: POINT OF BEGINNING
~OB: ~UE POINT OF BEGINNING
~ - - ~ NEW INGRESS/EGRESS ~
FOR PUB,lC STORM DRAIN
Ng~ ~NGEgSS/gGRgSS A MA~NTD~ANC
EASEMENT FOR PUBLIC STORM DRAIN
au~w~ ~o~.~ ~' ~ ENCINITAS, CA
SAN DIEGO, CA 92103 SCA~: 1' I 50' I ~oB,,..s I DA~: 12120102
14752
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
cou.t,o,[ ss.
date t · ' ~ Name and T~ o~..~fl~cer {e.g~., "Jar~e Doe, NOfaG'
3ersonallyappeared ~i('~O~ ~-,.~)~r/t'D ~5 .~)0-¢~V ~-. Fl~,~,q~Ot3 ,
Name{s) of Signer(s)
~-personally known to me
~_ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i~/are
subscribed to the within instrument and
acknowledged to me that hc/=hc,;they executed
the same in hie,~er/their authorized
'~ ~ APRIl. HUGGIN~ capacity(les), and that by hie/ffe~'/their
~ "-' ' ......... signature(s) on the instrument the person(s), or
~J~ Comml~on#124744~ ~ the entity upon behalf of which the person(s)
~ Nok3yl~c.C._.a~m~ ~ acted, executed the instrument.
_~_'~a~' MyC. emm.~D~_.~ ,~_[ WIT. NESS my hand and official seal.
') ~/[ J//~~ ' Signature of
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
TitleorTypeofDocument: TE_~3'IOH~ ~01~{, I ~/~D~Z~b[~. 0 ~'~-,~" ~ ~OJ(~L~'~ ~
Document Date: ~l Z~IOB Number of Pages:
I
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer-- Title(s):
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing: