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2001-577465 'Recording Requested By: ) ) ~'~c~ 14 ~ 20©1 4: :25! F'~',,"~ City of Encinitas OFEIEAL RECORDS When Recorded Mail to: , - ,, ~ oM~ H, COU~TY RECORDER City Clerk FEES: 0.00 City of Encinitas OC: NA 505 South Vulcan Avenue Enoinitas, CA 92024 DRAINAGE EASEMENT ~oAsses~°r's Pa~ce~. ~ ~ Project No.: w.o. Toll CA IV, L.P., a California Limited PaAnership, hereinafter designated Grantors do hereby grant, bargain, convey and release unto the City of EncJnitas, 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 flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any waters Jrt, over, upon or through said channel, together with the perpetual right to remove 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 herein above 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. Drainage easement 11-20-00 bak 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 unenclosed flood drainage channel 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 not limited 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 inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this d'~/~dT'/(_ day of /C/(~_./¢,~ , 2001. Grantor: Toll CA IV, L.P., a California Limited Partnership/ff~ Si§nature of Owners to be notarized. Attach the appropriate acknowledgments. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution No. 94-107 of said Council adopted on November 9, 1994 that the City of Encinitas accepts and consents to the making of the foregoing DRAINAGE EASEMENT Dedication and consents to recordation thereof by its duly authorized officer. Ala~ D. Archibald' - ~ Director of Engineering Services City of Encinitas Drainage easement 11-20-00 bak CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss. personally appeared ~~ I~. Na~e~r(eg.r"J ....... NotaWP.b,[ ~ersonally known to me ~ proved to me on the basis of satisfactoW evidence to be the person~whose name~is/¢ subscribed to the within instrument and acknowledged to me that he/¢/t~ executed the same in his/~/t~r authorized capacity~, and that by his/~/t~r signature~on the instrument the per~on~ or  the entity upon behalf of which the perso~ acted, executed the instrument.  ~ g-- -e ~f Notary Pgbric OPTIONAL Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of th~s form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual ~ Corporate Officer ~ Title(s): Top of thtJmb here ~ Pa~ner--~ Limited ~ General ~ Attorney in Fact ~ Trustee g Guardian or Conse~ator ~ Other: Signer Is Representing: EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITY, SEWER, STORM DRAIN & ACCESS EASEMENT ALL THAT PORTION OF LOT4 OF CITY OF ENCINITAS TRACT NO. 99-137, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, SATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13998 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY JULY 11, 2000, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4: THENCE SOUTH 17°27'22" WEST 105.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 19°52'24" EAST 53.71 FEET TO THE BEGINNING OF A NON- TANGENT 48:00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 19052'24.' WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49000'32'', A DISTANCE OF 41.06 FEET; THENCE SOUTH 21 °07'05" WEST 190.19 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17024'55'', A DISTANCE OF 60.79 FEET; THENCE SOUTH 38°32'00" WEST 7.66 FEET; THENCE SOUTH 57°41'19" EAST 128.92 FEET; THENCE SOUTH 34°43'26" WEST 28.02 FEET; THENCE NORTH 57°41'19" WEST 102.63 FEET; THENCE SOUTH 38032'00.' WEST 33.44 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°37'38", A DISTANCE OF 106.95 FEET; THENCE SOUTH 02°54'21'. WEST 123.58 FEET TO THE BEGINNING OF A NON-TANGENT 323.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 6°18'57" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°37'47", A DISTANCE OF 110.66 FEET; THENCE SOUTH 02°54'21'' WEST 25.17 FEET TO THE BEGINNING OF A NON-TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 27049'38" EAST; SB&O~ INC. Encinitas Ranch - South Mesa JobNo. 56062.00, March 20, 2001 1 of 2 D:t56052iLEGALSIESMT-~3NDR¥3 THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°57'10", A DISTANCE 104.47 FEET; THENCE NORTH 82°07'32" WEST 34.13 FEET; THENCE NORTH 83°27'33" WEST 134.82 FEET; THENCE NORTH 03°29'43'' WEST 28.44 FEET; THENCE SOUTH 83°27'33'' EAST 109.17 FEET; THENCE NORTH 02°54'21" EAST 114.29 FEET TO THE BEGINNING OF A TANGENT 228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°37'38'', A DISTANCE OF 141.77 FEET; THENCE NORTH 38°32'00" EAST 66.21 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°24'55", A DISTANCE OF 52.28 FEET; THENCE NORTH 21°07'05" EAST 146.13 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°24'26'', A DISTANCE OF 23.32 FEET TO THE BEGINNING OF A REVERSE 74.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°05'33'', A DISTANCE OF 109.90 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.860 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE ~ .',,~,., u,~ SB&O~ INC. Encinitas Ranch - South Mesa Job No. 56062.00, March 20. 2001 2 of 2 D.i56062~LEGALSIESMT-BNDR¥3 EXHIBIT I - ~CIN~ I{ ~ ~ i~ / / OATA ~A~ e=~.~' ~71 PUBtlC UTlU~ SEWZg STORM DRAIN ANDI ACCESS ~S~MEN~ ~NClNITAS TRACT NO. SOUTH M~ ~OT 4, MAP NO. 1~998 3--20-01 5~ O~ ~2. 01