2007-557202
DOC# 2007-0557202
.. " 1111111111111111111111 11111 11111 11111111111111111111111111111111111111
/ Recording Requested By: )
11q )
\If City of Encinitas ) A.UCl 21 2()C)7 407 F'~vl
) OFFICI.6,L RECOF:D':;
~ When Recorded Mail to: ) :'At'J DIECiO COUNT',' F:ECOF:DER'::; OFFICE
CiF,ECiOW( J ':;t,..tITH COUNT',. F:ECOF,DEF:
City Clerk ) FEE':; ODD \\/,~"/~; : 2
\ l"O~ City of Encinitas ) oc N,1i,
F.6fiES' 11
Dctl 505 South Vulcan Avenue ) 111/1111111111111111111111111111111111111111111111111111111I1111I1I1II11111II111
Encinitas, CA 92024 )
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FOR THE BENEFIT OF THE CITY )SP ACE ABOVE FOR RECORDER'S USE ONLY
IJOCUMENTARY TRANSFER TAX $DRA~~AGE EASEMENT
f~t.
Assessor's Parcel No. 258-130-51&521 Project No.: 04-159MIN/DRlCDP
W.O. 9215-G,1
Encinitas Office, L.P., a California Limited Partnership, hereinafter designated Grantor, does
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 a public storm drain 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.
Said easement is more fully described in Attachment' B' .
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" A TT ACHED HERETO AND MADE APART 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.
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 /1- day of ~! IIJ r ,2007.
Grantor:
Bruce D. WIegand, eSI en
WNC, a California Corporation, its General Partner
For Encinitas Office, 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.
/Vl. /V1 t--
Date: ~ III I ZOO 1- By: MA '5\\-\ ,,^A\-\I~ f<
S:ol'Z Peter Cota-Robles
Director of Engineering Services
City of Encinitas
/HA"e~ Z! tIJD 1- ;,,~t.bM
WHEREAS, those p~oncemed, desire to have the Deed of Trust rccordedh(J. l. ~() ..,.. - 01- /3 Zz. 0
I'J /.tt:'/,Lj"l:/~ I #'(,L: . ordinated to the Drainage Easement ("DOCtJMENT" hereinafter).
SUBORDINA TION AGREEMENT
Novl, thereI(?re, f()r valuable: consideration, the receipt of which is hereby ackno\vledged, the:
undersigned BENEfiCIARY or TRUSTEE bereby waives the priority of said Deed of Trust in
tavor of said DOCUrvlENT to the same extent as if said DOCLJMEN"r had been executed priOf to
said Deed of Trust.
BENEFICIARY Of TRUS'l'EE
BY~~ (' r0-~
rit1e:.J<:~~.c:~tive Vice President
August 20, 2007
August 20, 2007
Signature of
be notarized.
BENEFIC'IARY or 'rRUS'rEEmust
Attach the appropriate acknowledgments.
I certl i')' on behalf of the ('ity ('ouncil of the City of Encinitas, pursuant to authority confCtTCcl by
Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the
making of the t(>regoing Subordination Agreement and consents to recordation thereof by its duly
authorized oftker.
B'(: ___mmm__ _cmm_cmcm"_""".."_...__..,,,,
,-0 fZ.. Peter COla-Robles
Director of Engineering Services
City of Encinitas
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DATE: go /2/1 2. 007
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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signature(s) on the instrument the person(s), or the
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executed the instrument.
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
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@ 2004 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
Though the information below is not required by law, it may prove ifaluable 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(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
Ll Partner - D Limited ::J General
C Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
.
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
LJ Partner - D Limited D General
D Attorney in Fact
[J Trustee
D Guardian or Conservator
C Other:
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY
APPROVED APRIL 19, 1881, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID
EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID NORTH 2.00 ACRES, SOUTH
88022'51" EAST, 661.68 FEET TO AN INTERSECTION WITH A LINE BEARING SOUTH
01028'21" WEST FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER, SAID LINE BEING THE EASTERLY LINE OF SAID
NORTHWEST QUARTER; THENCE ALONG SAID EASTERLY LINE SOUTH 01028'21"
WEST (RECORD SOUTH 01029'27" WEST), 440.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 01028'21 "
WEST, 127.26 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF ENCINITAS
BOULEVARD (113 FEET WIDE), A PUBLIC HIGHWAY EASEMENT, DESCRIBED AS
PARCEL 1 IN DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, JANUARY 11,2006, AS DOCUMENT NO. 2006-0023831 OF OFFICIAL
RECORDS, BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 862.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 09056'24" WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 01042'02", AN ARC DISTANCE OF 25.58 FEET; THENCE LEAVING
SAID RIGHT-OF-WAY LINE, NORTH 01028'21" EAST, 9.87 FEET TO THE BEGINNING OF
A NON TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 787.50
FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 10003'33" WEST; THENCE
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 20029'56", AN
ARC DISTANCE OF 281.74 FEET; THENCE SOUTH 59026'32" WEST, 39.50 FEET; THENCE
K:\Survey\DA T A \1 I 23\legals\drainage _access legal description.doc
PAGE 1 OF 3
w.o. 836-1123-600
NORTH 26038'54" WEST, 25.06 FEET; THENCE NORTH 59026'32" EAST, 37.79 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
812.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 02050'17", AN ARC DISTANCE OF 40.25 FEET; THENCE SOUTH
17020'49" EAST, 5.08 FEET TO THE BEGINNING OF A NON TANGENT CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 807.50 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 27047'05" WEST; THENCE NORTHEASTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 00043'14", AN ARC DISTANCE OF
10.16 FEET; THENCE NORTH 17020'49" WEST, 5.07 FEET TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 812.50 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 27000'13" WEST; THENCE EASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17018'15", AN ARC
DISTANCE OF 245.38 FEET; THENCE NORTH 01028'21" EAST, 50.94 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
20.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 89051'24", AN ARC DISTANCE OF 31.37 FEET; THENCE NORTH 88023'03"
WEST, 275.50 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 52.50 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 01058'40" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 75047'51 It, AN ARC DISTANCE OF 69.45 FEET TO
THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 27.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 40030'18", AN ARC DISTANCE OF 19.44 FEET; THENCE NORTH 52043'47" WEST, 3.12
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 27.50 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 96052'06", AN ARC DISTANCE OF 46.49 FEET; THENCE SOUTH 30022'11"
WEST, 8.49 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 59035'53" WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 57003'01 It, AN ARC DISTANCE OF 59.74 FEET; THENCE SOUTH
26038'54" EAST, 245.86 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
ENCINIT AS BOULEVARD, BEING THE BEGINNING OF A NON TANGENT CURVE
K:\Survey\DA T A \1 I 23\legals\drainage_ access legal description.doc
W.O. 836-1123-600
PAGE 2 OF 3
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 862.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 32038'46" WEST; THENCE SOUTHWESTERLY ALONG
SAID NORTHERLY RIGHT-OF-WAY AND CURVE, THROUGH A CENTRAL ANGLE OF
00010'58", AN ARC DISTANCE OF 2.75 FEET; THENCE CONTINUING ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF ENCINITAS BOULEVARD PER ROAD SURVEY
458, SOUTH 60048'57" WEST, 12.87 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-
OF-WAY LINE OF ENCINITAS BOULEVARD, NORTH 26039'12" WEST, 311.11 FEET;
THENCE NORTH 38010'59" EAST, 217.46 FEET; THENCE SOUTH 05038'56" EAST, 43.32
FEET; THENCE SOUTH 38010'59" WEST, 60.64 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 28.00 FEET; THENCE SOUTHERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 91034'15", AN ARC
DISTANCE OF 44.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO
THE SOUTHWEST HAVING A RADIUS OF 52.50 FEET; THENCE ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 41009'46", AN ARC DISTANCE OF 37.72 FEET TO
THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 27.50 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 75047'51 ", AN ARC DISTANCE OF 36.38 FEET; THENCE NORTH 01058'40" EAST, 0.82
FEET; THENCE SOUTH 88030'23" EAST, 320.22 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 33,192.53 (0.762 ACRES) MORE OR LESS
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION
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PAGE 3 OF 3
W.O, 836-1123-600
LEGEND
EXHIBIT B
r / / / A INDICATES 0.762 ACRES
ACCESS EASEMENT INDICA TES
T.P.O.B. TRUE POINT OF BEGINNING
INDICATES POINT OF
P.O.C. COMMENCEMENT
NORTH 2.00' ACRES OF
EAST 1/2, NW 1/4, NE 1/4
OF SEC 15 T.13S. R.3W:
I
I
I
t-_~81!.?2'!?t:'!!.f~!!,?8'________
P.G.C.
. z SW COR. OF NORTH
~'o ~ 2.00' ACRES OF E1/2
~'\. / ~ OF NW 1/4, NE 1/4, SEC 15
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PAGE 1 OF 2
SCALE 1"= 100'
MAP 8890
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5115 Avenlda Encinas
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(760) 931-8700
KI\Survey\DATA\1123\dwg\1123 EX ACCESS EASE.dwg 8/15/2007 9121128 AM PDT
ENCINITAS OFFICE, L. P.
TO
CITY OF ENCINITAS
II
EXHIBIT B
PAGE 2 OF 2
LINE TABLE
LINE BEARING DISTANCE CURVE TABLE
U N01"28'21 "E 9.87' CURVE LENGTH RADIUS DEL TA
L2 N59"26'32"E 39.50' C1 25.58' 862.00' 1"42'02"
L3 N26"38'54"W 12.27' C2 281.74' 787.50' 20"29'54"
L4 N60"48'57"E 12.87' C3 44.75' 28.00' 91"34'15"
L5 N05"38'56"W 43.32' C4 37.72' 52.50' 41"09'47"
L6 N38"10'59"E 60.64' C5 36.38' 27.50' 75"47'51 "
L7 N01"58'40"E 0.82' C6 31.37' 20.00' 89"51 '24"
L8 N01"28'21 "E 50.94 ' C7 245.38' 812.50' 1718'14"
L9 N17"20'49"W 5.07' C8 10. 16' 807.50' 0"43'14 "
UO N17"20'49"W 5.08' C9 40.25' 812.50' 2"50'17"
U1 N59"26'32"E 37.79' C10 59. 74' 60.00' 57"03'01 "
U2 N26"38'54"W 245.86' C11 46.49 ' 27.50' 96"52'06"
U3 N26"38'54"W 25.06' C12 19.44 ' 27.50' 40"30'18"
U4 N30"22'11 "E 8.49' C13 69.45' 52.50' 75"47'51 "
U5 N52"43'47"E 3.12'
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5115 Avenlda Encinas
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ENCINITAS OFFICE, L. P.
TO
CITY OF ENCINITAS
K'\Survey\DATA\1l23\c1wg\1l23 EX ACCESS EASE.c1wg 8/15/2007 9.21.28 AM PDT