2001-477959.~ecord~g Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Eneinitas, CA 92024
FOR THE BENEFIT OF THE CITY
) JUL.
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]_]1., 200]. ,4. :,45
2001-0477959
[~'FICIAL REOU~D,°
gAN DIEGO COUNTY REOURER'S OFFICE
F~EGORY J. 8MITH, COUNTY RECORDER
FEE8: 0.00
)SPACE ABOVE FOR RE(~ORDER'$ U~3E O___~.LY
EASEMENT FOR PUBLIC ACCESS AND
LANDSCAPE MAINTENANCE PURPOSES
Assessor's Parcel No.
254-611-07
Project No.: TM 94-066
W.O. No.: 5661-1
Barratt American Incorporated, A Delaware Corpom..tipn..
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Eneinitas,
State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public
access and landscape.maintenance easement, 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 Enc'mitas (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 construction and maintenance of said public access
and landscape maintenance facilities. Reserving tmto 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.
Pub.access and ldsep.maint6-3-1999 jlr
The Crragtor hereby further to the Grantee all trees, growths, ( or that may hereafter
grow), and mad building materials within said right-of-way, including the fight to take water,
together with the right to use the same in such a manner and at such locations 03 said Grantee may
deem proper, needful, or necessary, in the construction, reconstruction, improvement, or
maintenance of said public access and landscape maintenance faeilities~
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.
Dated this 12th day of,July, ~ 20 00
OWNER:
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.
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
Pub.access and Idscp.maint6-3-1999 jlr 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORIA ]
COUNTY OF SAN DIEGO ]
On July 12, 2000, before me, Latonia M. West , Notary Public, personally appeared
St~ohen R. Reid personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
LATONIA M. WEST, Notary Public
COMM, #1252915
NOTARY PUBLIC .CALIFORNIA
SAN OIEQO CO~JNTY
My Commission E_x_pi_ms
TtHg AREA ~ OPIiICIAL NOTARIAL SEAL
Though the data below is not required by law, it may prove valuable to persons relying
on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMI/D BY SIGNER
DESCRItrFION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE O~FtCF. R
SENIOR VI~E PRESIDENT
rITI'L~E
Easement for Public Access and Landscape
Main~la~e Purposes - TM 94-066
TITLE OR TYPE OF DOCUMENT
lune 16, 2000
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON OR ENflTY)
Ban'at~ American lncoqx)raied, a Delaware Corl3oration
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trnst recorded June 2, 2000, as
File No. 2000-0289950, subordinated to Easement for Public Access and Landscape
Maintenance Purposes ("Document" hereinafter).
Not/, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the
undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in
favor of said DOCUMENT to the same extent as if said DOCUMENT had beea executed prior to
said Deed of Trnst.
DATED
BENEFICIARY
Bank of America, N.A,, a
national banking association
Its: ~' t//~
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 of said Council adopted on November 9, 1994 that the City of Encinitas consents to the
making of the foregoing Subordination Agreement and consents to recordation thereof by its duly
authorized officer.
D^T :
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Pub.access and ldscp.maint6-3-1999 jlr 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
On ~ I "~. ~ D~)~), before me,
personally appeared
ssI
Nar(jr al~ ~l~le ~f'Offlcer (e.g,, "Jane Doe, Nom~ Pub '¢")
~ersonally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(.~,) whose name(~)
subscribed to the within instrument and
acknowledged to me that ~.e/e~mA~ey executed
the same in his/hcr;th;~r authorized
capacity(.ie..~), and that by his~
signature(~ on the instrument the person(s-), or
the entity upon behalf of which the person(e-)-
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by/aw, It may p~ve valuable to persan$ ~lying on the document
and could prevent fraudulent removal and reaffachment of this form to another document,
Description of Attached Do?re?t_ ~..~ ~-. _.~
Title or Type of Document: ,~/'c'''~''''~~ ~ ,/l_~.,~¢j_.lrt~2..f~'
Document Date: ?//'7 / ~ o~O 0 Number of Pages:
Signer(s) Other Than Nsmed Above:
Capacity(ies} Claimed by Signer
Signer's Name:
L.I Individual
I Corporate Officer -- Title(s);
r- Partner--[] Limited [] General
~ Attorney in Fact
[~ Trustee
[] Guardian or Conservator
[/ Other: ..........
Signer Is Representing:
Top of thumb here
EXHIBIT "A"
LEGAL DESCRIPTION
FOR PUBLIC LANDSCAPE MAINTENANCE AND PUBLIC ACCESS EASEMENT
Strips of land 3.00 leet wide, over those portions of Lot 75 o[ Tract No. 94-066 in the City of
l~ncinitas, Cotmty o[ San Diego, State of California tiled as Map No. 13356, Records of said
County, thc easterly lines of which are described as follows:
Strip No. 1:
Beginning at the intersection of the Westerly right-of-way of Quail Gardens Drive and the
Northerly line of said Lot 75, as shown on said map; thence South 17055'00'' West 210.89 f~et
along said Westerly line, to the beginning o1' a tangent curve concave Easterly, having a radius
of 586.00 feet; thence Southerly 186A4 feet along said curve and along said Westerly line
through a central angle of 18° 12'00"; thence South 0"17'00" East 140.91 feet along said Westerly
line.
The Westerly line of said strip shall be prolonged or shortened Northerly st> as to terminate on
the Northerly line of said Lot 75.
Strip No. 2:
Beginning at the intersection of the Westerly right-ot;way of Quail Cardens Drive and the
Southerly line of said lot; thence North 0°17'00'' West 172.12 feet along said Westerly line.
'file Westerly line of said strip shall be prolonged or shortened Southerly so as to terminate on
the Southerly line of said I.ot 75.
As more particularly shown on Exhibit "B" attached hereto and made a part hereof.
Rory S.[J~illiams, L.S. No. 13654
l.icense Expires: December 31, 2003
Revi~ed December 6. 2000
April 19, 2000
Page I of 1
W.O. 1774-21X
tI&A Legal No..1970
Prepared By: H. Foss
Ck'd By: R. Williams/wp
EXHIBIT "B"
Sketch to Aa¢orapany Legal Desaription
,- /' ,,-~:>;' 268.69 .....,, ,o'
:2 ',.::~ ~: ";' !:: ? LEGEND
~ ..... STRIP '" ~
A =1B°12'DO''
R=5B6,0O'
L=186.14'
140.91'<.'..
· ~ 78.42'
'11-20-9§ (o^~ 12-06-00 I'}'~~ H, Foss
I: ENClNffAS ~94-066 \LO \4970\SH T01.Olt~
LANDSCAPE MAINTENANCE AND
PUBLIC ACCESS EASEMFNT
GRANTVD HEREON.
INDICATES SCALE EXAGGERATED
SEE SHEET 2 FOE VICINITY MAP
S00°17'O0"E ,'
STRIP NO. 2
L
HUNSAKEg. & ASSOCIATES
.~c~'~ V. Edge
NONE
ROR~'~, ~-[LIAMS, L.$. 6654
LICENSE EXPIRES: 12-51-05
STR~P NO, 2
~ ,3 ,..,' .'..~ b
EASEMENT
FOR PUBLIC LANDSCAPE MAINTENANCE AND
AND PUBLIC ACGE$$ EASEMENT
IN THE Oll~' OF ENCINIT~ ~ON~ OF 8~ DIE~, STATE OF ~IFORNIA
~ ~C~E: 1"=200' I W.O. 1~4-21X
H&A LEGAL N~ 4970 SHEET 1 OF 2
EXHIBIT "B"
Sketch to Accompany Legal ~Descr~pt~o~
CITY OF CARLS.SAD
SITE
QUNL
~E~
E~CI~TkS
~Lb ~iRr~T
E~CIKIT~,S
VICINITY MAP
NO SCALE
-20-98 J REVI 'DW~
0,~ 04-07-00 J ,~ H. Foss
I: ENCINITAS\94- 066\LD\4970\SHTO1.DW(~
........ E'~'$EMENT .......
FOR PUBliC LANDSCAPE MAINTENANCE AND
AND PUBLIC ACCESS EASEMENT
IN THE OI3'Y OF ENCINITA% COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
c~',~ V, Edge SCALE: NONE W.O. 1774,-21X
,~oo NONE H&A LEGAL No. 4970 ..S.HEET 2 Of 2