2002-550707RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
DO0 2002-0550707
JUN 28, 2002 4: 21 F'I~'~
OFFICIAL RECORDS
SI~J DIEGO OOUNTY REOORDER'S OFFICE
GEGORY J. SMITH, COUNTY RECORDER
FEES: 29.00
OC: NA
Space Above This Line is for Recorder's Use
Assessor's Parcel No: 216-04
STORM DRAIN EASEMENT
The City of Carlsbad hereby grants to the City of Encinitas a Storm Drain
easement for the purposes stated hereon; over, under, across and upon the real
property described in Exhibit "A" for the benefit of the property referred to in
Exhibit "C". This easement is granted to the City of Encinitas effective
immediately and in perpetuity.
The property burdened by the Storm Drain easement is described in Exhibit
"A", which includes a plat labeled Exhibit "B", and is attached hereto and
incorporated herein by this reference.
The property benefited by the Storm Drain easement is described in Exhibit
"C", which is attached hereto and incorporated herein by this reference.
The Storm Drain easement provides access to the parcel described in Exhibit
"A" to the City of Encinitas for installation of a storm drain which will serve the
Cities of Carlsbad and Encinitas. The storm drain will run over, under, across
and upon the burdened property for the benefit of the property benefited and any
successors in interest to the property benefited by this Storm Drain easement.
The storm drain will drain areas west of Highway 101 from Athena Street to
Carlsbad State Beach, a North County Transit District right of way in Northern
Encinitas, Highway 101/Carlsbad Boulevard from Athena Street to Carlsbad
State Beach, Vulcan Avenue from Orpheus Avenue to Basil Street, and areas
east of Vulcan Avenue.
This Storm Drain easement shall run with the land, and the burdens of the
easement shall be binding upon and the benefits of the easement shall inure to
the benefit of all successors in interest to the real property.
The City of Encinitas shall, at its own risk and expense, install, maintain and,
if necessary at any time, upon the request of the City of Carlsbad, relocate the
above-described storm drain facilities. The City of Encinitas shall, in addition,
16,795
6/18/02 #4
indemnify and hold the City of Carlsbad free and harmless from any and all
claims, demands, losses, damages, or expenses resulting from the construction,
maintenance, use, repair or removal of the storm drain facilities, including any
loss, damage, or expense arising out of (1) loss or damages to property and (2)
injury to or death of any person.
Dated: June 24, 2002
B y'.'~.e~rra i n (~AO.~, City)S~rk
/~EN~ ~ND~?ant
APPROVED AS TO FORM:
RONALD R. BALL
City ~xey
Del~ity 6tto.rney
City Clerk
~a¥-28-02 O?:28am From- T-089 P.OOZ/O06 F-g94
EXHIBIT"A"
~C. AL DES~I~I~
ASSESSOR'S PARCEL NUMBER: 216-04
VESTING: THE CITY OF CARLSBAD
THAT PORTION OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA DESCRIBED A~ FOLLOWS:
SAID PORTION LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULEVARD
(OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY PLANS XI-SD-2-B SHEET
8 0F 29 APPROVED DECEMBER 26, 1933, COMMENCING AT A FOINT ON THE
CENTER LINE OF COAST HIGHWAY 101, SAID POINT BEING A POINT ON A
CURV]E OF THE ~B" LINE AT ENGINEERING STATION 132+00 PER SA_ID STATE
HIGHWAY PLANS, FROM SAID POINT A RADIAL LINE BEARS SOUT~ 66~09'39"
WEST (SOUTH 65° 29'47" REC.}; THENCE ALONG SAID RADIAL LINE 50.00
FEET TO AN ANGLE POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COAST
HIGHWAY 101 PER SAID MIGHWAY PLANS; THENCE ALONG SAID RIGHT-OF-WAY
NORTH 34~41'$6" WEST 679.28 FEET (NORTH 35o21'48'' WEST 679.28 FEET
REC.); THENCE NORTH 43° 04'58" WEST 30.47 FEET (NORTH 43o44'50"
WEST REC.) BEING THE INTERSECTION OF THE SOUTHERLY CITY LIMITS OF
THE CITY OF CARLSBAD AND TME WESTERLY RIGHT-OF-WAY OF CARLSBAD
BOULEVILRD BEING THE TRUE POINT OF BEGINN'/N~; THENCE CONTINUING
ALONG SAID RIGHT-OF WAY NORTH 43o 04'58" WEST (NORTH 43° 44'50"
WEST REC.) 64.30 FEET THENCE LEAVING SAID RIGHT-OF-WAY NORTH
42~43'08'' EAST 13.66 FEET; THENCE SOUTH 47016'52'' EAST 66.05 FEET
TO A POINT ON THE SOUTHERLY CITY LIMITS OF THE CITY OF CARLSBAD;
THENCE SOUTM 48~ 41'50" WEST 18.47 FEET ALONG SAID CITY LIMITS TO A
POINT ON SAID WESTERLY RIGHT-OF-WAY AND THE TRUE POINT OF
BEGINNING.
HAVING AN A1REA OF 1,045 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY MJB 'OR UNDER MY
DIRECTION.
~CIL E. RYALSU.L. S.
3'997
~ay-ZB-OZ 07:Zgam From- T-OSg P.OO$/OOS F-g94
EXHIBIT "A"
LEGAL DESCRIPTI(H~
ASSESSOR'S PARCEL NUMBER: 216-04
VESTING: THE CITY OF CARLSBAD
THAT PORTION OF LOT 20, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE RIGHT-OF-WAY
OF CARLSBAD BOULEVARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY
PIJMNS FOR XI-SD-2-B SHEET 8 OF 29 APPROVED DECEMBER 26, 1933,
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID 20.00
FOOT STRIP OF LAND AND THE C~NTERLINE OF CARLSBAD BOULEVARD PER
SAID STATE HIGHWAY PLAN, SAID POINT OF INTERSECTION BEING A POINT
ON A CURVE 0E SA_ID CENTERLINE OF CARLSBAD BOULEVARD AT EGINEERING
STATION 147+84.39 TO WHICH POINT A RADIAL LINE BEARS SOUTH
53°27'01'' WEST (52Q47'09'' CA_LC. REC.); THENCE A_LONG THE CENTERLINE
OF SAID 20.00 FOOT STRIP OF LAND SOUTH 35o27'30'' WEST 60.29 FEET TO
THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG LAST DESCRIBED
COURSE NORTH 35o27'30'' EAST 118.88 FSET TO A POINT OF TERMINUS.
}lAVING AN AREA OF 2,378 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A
PLAT LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION Ai~D PLAT WERE PREP3LRED BY FiE OR UNDER MY
DIRECTION.
CEC-IL E.' RY~, P.L.S. 3997
SCALE:
1~-- 30'
EXHIBIT "B"
DENOTES EASEMENT AREA
2,378 SQ. FT.
__(~CARLSBAD "L. ?
(~)"~ LACOSTA AVE:
(~}'-EL CAMINO REAL
VICINITY MAP
PROPERTY
LOCATION
)INT OF
TERMINUS
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
Right-of-Woy Engineering Services,
Lond Surveying
4167 AVENIDA DE LA PLATA, SUITE 114,
OCEANSIDE, CA. 92056
(760) 732-1366
Inc.
ACAD FNAME: SD_ESMT. DWO
A.P.N.:
VESTINO:
DRAWN:
S53'27'01"W
RAD.
POINT Of
COMMENCEMENT
147+84,39
CITY OF
EASEMENT
CITY
MJG
ENCINITAS
PLAT
216- 04
OF
IDATE:
CARLSBAD
6/6/02 I SHEET:
1 OF1
I0
EXHIBIT "C"
The benefited property for the storm drain project is the City of Encinitas, a municipal
corporation, and the City of Carlsbad, a municipal corporation.