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