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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 I I ~ ~ // _ ~ ~24 2 ~ ~. ~ ~ / / ~=~.~' DATA S 1~2 · ~.~' ~=~7~.~( ~07~ ~. 1J' 114.~' .~ __ , , J ~ ~ __-~ ...... I ~~, , _ I k~~'Y/ I I 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