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2001-577470 ecord,ng Requested DOC 00i-0577470 Ci~y of ~ncinitas OFFICIAL When Recorded Mail to: SAN DIEGO COUHTY RECORDER'S OFFICE City Clerk GREGORY L SMITH, COIJMTY RECORDER City of Encinitas FEES: 0.00 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY DRAINAGE EASEMENT Assessor's Parc~JJ~g~-,, ,/' ~f/)f . of Project No.: w.o. No.: Toll CA IV, L.P., a California Limited Partnership, hereinafter designated Grantors do 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 flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any waters in, 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 ~-'~F-~ day of ~/~/-d , 2001. / Grantor': Toll CA IV, L.P., a California Limited Partnership Signature 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. Alan D. Archibald Director of Engineering Services City of Encinitas Drainage easement 11-20-00 bak CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OL~ ~ }ss. On _1~". ~)',~"~,.' 0 [ , before me,~ ~N~L¢_(}~ ~--____~_. nme .~ Title of Officer (eg Jane bce Notary Publi~.),~ personally appeared k.../0d/~__.~--'~ ~L'O' N'~"~'-'~'~.~ ~,~lAersonally known to me Lq proved to me on the basis of satisfactory evidence to be the person.(~whose name/is/~ subscribed to the within instrument and acknowledged to me that he/s.J~/tbe'y executed the same in his/b, ef/t h~e~r authorized capacity.(,i~, and that by his/h/e(/t~r signature(,~)'on the instrument the pers~)n(~, or the entity upon behalf of which the person/~  acted, executed the instrument. J ~¢7 Oronge t'"~,_,~y ' ("~ITI~ d.~c J// ~/_N IiSS my hand an / t iai sf .~z.4.  Signature of Notary Public 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity{les} Claimed by Signer Signer's Name: F_- Individual ~ Corporate Officer--Title(s): Top of thumb her( [] Partner-- ~ Limited F' General L] Attorney in Fact ..~ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITY, SEWER, STORM DRAIN & ACCESS EASEMENT ALL THAT PORTION OF LOT 5 OF CITY OF ENCINITAS TRACT NO. 99-137, IN THE CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE 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, DESCRIBEB AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID MAP NO. 13998; THENCE NORTH 26°06'42" EAST 68.97 FEET ALONG THE SOUTHEASTERLY LINE OF LOT 1 TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 63"53'18" EAST 56.00 FEET; THENCE SOUTH 26°06'42" WEST 149.90 FEET TO THE BEGINNING OF A TANGENT 372.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°45'25", A DISTANCE OF 193.20 FEET; THENCE SOUTH 03°38'44" EAST 137.82 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 03°41'15", A DISTANCE OF 11.07 FEET; THENCE SOUTH 07°19'59'' EAST 89.30 FEET TO THE BEGINNING OF A TANGENT 435.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°01'45'', A DISTANCE OF 144.47 FEET; THENCE SOUTH 11 °41'47" WEST 86.72 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 102°09'18'', A DISTANCE OF 39.22 FEET; THENCE NORTH 89°32'29'' EAST 58.71 FEET TO THE BEGINNING OF A TANGENT 772.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°36'20'', A DISTANCE OF 35.11 FEET; THENCE NORTH 86°56'09'' EAST 38.46 FEET; THENCE SOUTH 10°42'46" WEST 28.83 FEET; THENCE SOUTH 86°56'09'' WEST 31.60 FEET TO THE BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°36'20'', A DISTANCE OF 36.38 FEET; SB&O~ /NC, Encinitas Ranch - South Mesa Job No. 56062.00, March 20, 200'/ 1 of 2 D.'t560621&EGAL$1ESMT-BNDRY1 THENCE SOUTH 89o32'29" WEST 58.71 FEET TO THE BEGINNING OF TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°14'58", A DISTANCE OF 46.47 FEET; THENCE SOUTH 52047'27'' WEST 54.66 FEET TO THE BEGINNING OF A NON-TANGENT 78.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50030'35.. WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°56'58", A DISTANCE OF 115.65 FEET TO THE BEGINNING OF A REVERSE 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°45'46", A DISTANCE 23.57 FEET; THENCE NORTH 11°41'47" EAST 39.24 FEET TO THE BEGINNING OF A TANGENT 379.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°01'45", A DISTANCE OF 125.87 FEET; THENCE NORTH 07°19'59" WEST 89.30 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 03°41'15", A DISTANCE OF 14.67 FEET; THENCE NORTH 03038'44" WEST 137.82 FEET TO THE BEGINNING OF A TANGENT 428.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°45'25", A DISTANCE OF 222.29 FEET; THENCE NORTH 26006'42.. EAST 80.93 FEET TO THE POINT OF BEGINNING. CONTAINING 1.265 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SB&O, INC. Encinitas Ranch - South Mesa Job No. 56062.00, March 20, 2001 2of 2 D:I560621LEGALSIESMT-BNDRY1