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2001-577471 O01-u5 Recording Requested By: ) DOT ) s i4 2001 Ci~ of Enci~tas ) ) OFFICIAL RECORDS ~en Recorded M~I to: ) ~flN DIEGO &UNT~ RECORDE,x o OFFICE City ~loxk ) GREGORY J. ~TH COUNTY RECO~:DER FEES: 0.00 Cky of ~aci~ms ) OC: 505 Sou~ Vulc~ Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF T~ CITY ) , )SPACE ~OVE FOR ~CO~ER S USE ONLY EASEMENT FOR PUBLIC ACCESS AND PUBLIC UTILITIES Assessor s P~cel No .... ~ ~, ~t Project No.: 6689-0 Toll CA IV, L.P., a Califomia Limited Partnership hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public access, public sewer, public storm drain and public utilities upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, 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 grants to the Grantee all trees, growths, (growing 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 mason of the location, construction, landscaping or maintenance of said highway. Dated this ,~_,~c-c,~ day of~2001 /~eER s Signature: ~'' ' (J OWNER's Signature: Print Owner's Name: t ~ 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: 7-~f-O/ P~' ~ ~f~ Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy 4-16-1999 jlr 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of Date ~ ~ Name ~ Title of Officer (e g 'Jane bee, Notary Pub]it~;~ personally appeared Name(s) of ~,~er(s) ~.Eersonally known to me © proved to me on the basis of satisfactory evidence to be the person.(~whose name/is/~.e' subscribed to the within instrument and acknowledged to me that he/s/l~/tbe'y executed the same in his/bar/their authorized capacity.(.b~?, and that by his/h~/t.~,rfr signatureC~)'on the instrument the pers~n(,.~, or the entity upon behalf of which the  acted, executed the instrumer~tT)n person~(~ J ~i~,..~ Oror?. r_.~__ ..~__ ~ (~IT_NI~.SS~ my hand a~f~ffi ' Ic(~a:. '"~ ....... · ....... ~= ~ S gnature of Notary Public OPTIONAL Though the information be/ow is not required by law, it may prove va/uaMe to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title er Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [_~] Individual [] Corporate Officer--Title(s): Top of thumb here [] Partner-- E~ Limited ~ General F~ Attorney in Fact [] Trustee [] Guardian or Conservator F 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 ENCINITAS, 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, DESCRIBED 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 OFATANGENT 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~ INC. Encinita$ Ranch - Soulh Mesa Job No. 56062.00, March 20, 2001 1 of 2 D:t560621LEGALSIESMT-BNDRY1 THENCE SOUTH 89°32'29" 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 53014'58'', 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 50°30'35'' WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84056'58'', 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 19001'45'', A DISTANCE OF 125.87 FEET; THENCE NORTH 07019'59'' 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 29045'25'', 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. MICHAEL S. BUTCI- iR, PLS 6922 DATE SB&O, INC. Encintta$ Ranch - South Mesa Job No. 56062.00, March 20, 2001 2 of 2 D:I560621LEGALSIESMT-BNDRY1 $-20-01 5~XO6.DW~