2001-577466 ) ~u~ ]_4, ~-'
.,r_O01 4:
City of Encinitas )
) OFFt~!AL RE~OR~S
~en ~eco~ded Mail to: ) 8AN DIEGO COUNTY RECORDER'~
Ci~ Clerk ) GREGORY J. SMITH, COmiTY RECORDER
Ci~ of Enci~ ) FEES: 0.00
505 Sou~ Vulc~ Avenue ) OC:
Encinit~, CA 92024 )
)
FOR BENeFiT OF C TY )
)SPACE ABOVE FOR ~CO~ER'S USE ONLY
EASEMENT FOR PUBLIC ACCESS ~D PUBLIC UTILITIES
Assessor's P~cel N~ //~ ., ~ Project No.: 6689-G
~- ~'~'¢], ~ ~ ~ ~ ~/~¢ W.O. No.: TM 00-086
Toll CA IV, L.P., a C~ifo~a Limited P~nership
hemin~er called G~TOR(S), do(es) hereby gr~t, convey ~d dedicme to ~e City of Enci~ms,
State of California, herein~er c~led G~NTEE, ~e right of way ~d incidents thereto for public
access, public sewer, public sto~ ~n ~d public utilities upon, over ~d across ~at ce~n re~
prope~y in ~e City of Encinitas, Co~ty of S~ Diego, State of Califo~a, 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 maintenance of said CITY highway. 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.
grant.hwy 4-16-1999 jlr i
.. The Grantor hereby further the Grantee all trees, growths, (gro~ng 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 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.
Datedthis _r>Q~rr~ dayof ~4~//~2001
/~ER ~ glgr~tur~, v ~' - (J }" OWNER's Signature:
Print Owner's Name:
Print Owner's Name:
Signature of Owners to be notarized.
Attach the appropriate acknowledgments .
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: 'V~'~{-O I
Alan D. Archibald
Director of Engineering Services
City of Encinitas
grant.hwy 4-16-1999 jlr 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
oou , o _}ss.
~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 perEon¢ or
the entity upon behalf of which the perso~
acted, executed the instrument.
j~_. _ ~~ ~ ~N SS my hand and~cial s .
OPTIONAL
Though the information be/ow ~6 not required by/aw~ /~ may prove valuable ~o per~on6 relying on the 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~Tit~e(s): To~o~t~h~r~
~ Pa~ner ~ ~ Umited ~ ~eneral
~ Attorney ~n Fact
~ Trustee
~ ~uardian or Conse~ator
~ Other:
Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC UTILITY, SEWER, STORM DRAIN & ACCESS EASEMENT
ALL THAT PORTION OF LOT 4 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 19°52'24'' WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 49°00'32'', A DISTANCE OF 41.06 FEET;
THENCE SOUTH 21°07'05'' WEST 190.19 FEET TO THE BEGINNING OFA
TANGENT 200.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 17°24'55'', 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 38°32'00'' 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 27°49'38'' EAST;
SB&Or INC. Encinitas Ranch - South Mesa
Job No. 56062.00, March 20, 2001 1 of 2 D:I5OO621LEGALStESMT-BNDR¥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 FEE' 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
SB&Or INC. Encinitas Ranch - South Mesa
Job No. 56062.00, March 20, 2001 2 of 2 D:~560621LEGALSIESMT-BNDRY3
EXHIBIT
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DATA
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I Pueblo UTl~l~ SEWE~ STORM D~AIN AND J~l~J
J AOCESS ~SEMEN~ EN~INITAS tRACT NO. 99-1~ J
J SOUTH ME~ ~OT 4, MAP NO. 1~998 J~JgJ
~-20-0 I 5~X~.O~ 5~. 01