2001-577472 Recording Requested By: ]~OC ~UU.L ~l~,~' [
City of Encinitas ~L~"~ 14 ~ ~OOi 4: 3~i
~hen ~ecorded ~ail to~ ~N DIEGO COUNTY RE~ORDER'S OFF~CE
City Clerk SP~GORY ,l. SNITH, CO,TV RECORDER
City of Encinitas FEES: 0.00
505 South Vulcan Avenue ~: N~
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY ~SPACE ABOVE FOR RECORDER'S USE ONLY
DRAINAGE EASEMENT
Assessor's Parcel..51~_.~.. i/' Project No.:
, w.o.
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.
Datedthis ~(~ dayof /'~ ,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
oou , o }ss.
On 1~". ~..?~. ~ , before me,
p~o~a,,, ~p~ed ~ ~d
Name(s) of
~ersonally known to me
~ proved to me on the basis of satisfacto~
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 per~on~ or
the entity upon behalf of which the
acted, executed the instrument. ~rso~
~ ~~ ~ ~.~ ~.h~nd~.do~,~,
Place Nota~ Seal Above ~ Signature of Nota~ Publlc
OPTIONAL
Though the information below i~ not required by la~ it may prove valuable to persons ~lyinB on the documen~
and could prevent fraudulent removal and rea~achment of this form to another documenL
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
[3 Corporate Officer--Title(s): Topofthumb
~ Pa~ner-- ~ Limited E~ General
~ Attorney in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC STORM DRAIN & SEWER EASEMENT
ALL THAT PORTION OF LOTS 4 AND 5 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 BEGINNING OF A
NON-TANGENT 74.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO
SAID POINT BEARS NORTH 17 ° 11'48" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 42°15'19", A DISTANCE OF 54.57 FEET;
THENCE NORTH 17027'22'' EAST 312.52 FEET TO THE BEGINNING OF A
NON-TANGENT 78.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO
SAID POINT BEARS SOUTH 85o53'48'' WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 35°23'14", A DISTANCE OF 48.17 FEET;
THENCE SOUTH 17°27'22'' WEST 126.46 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.181 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&O, INC, Encinitas Ranch - South Mesa
Job No. 56062.00, March 20, 2001 I of 1 D:t56062V-EGALS~ESMT-BNDRY2
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