2008-113325
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Recording Requested By:
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DOC # 2008-011 3325
: IlIillllllllllllllllllllllllllllllllllllllllllllllllllllllllllll11111
City of Encinitas
MAR 04, 2008
4:06 PM
D FFI [I.~,L F: E DJ R D~;
'iIlJJ DIEGO I=OUNT',' F:ECOF:DEF:'S OFFICE
ClF:ECiDFr,' J :3t,'1ITH COUtH'" F:ECDF:DER
FEE':; 0,00
DC r,tc.,
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
PAGES: 10
111111111111111111111111111111111111I11111111111111111I1111I1111111111I111111111
FOR THE BENEFIT OF THE CITY
)SP ACE ABOVE I:VR JU:,\,.-VIUJCK;) U;)C Vi'lL r
DRAINAGE EASEMENT
DOCUMENTARVTRANSFERTAX $
(J
Assessor's Parcel No. 258-130-92 I
Project No.: 04-159 MIN/DRlCDP o"\-t"\'i GD'
~
W.O. 9215-GJ
Cam-Mar 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 Att~ent-:B'.
'{:~///J/ //'
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.
.
. '
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 ~ day of Fe.h #
,2008.
't;:;JJ ki1i
Ronald Martin
Cam-Mar 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 thereofby its duly authorized officer.
Date: ~/ I~/oe
V)lOl f2L
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
. '
, ,
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 ~ day of Feh #
,2008.
'w ~
~
Ronald Martin
Cam-Mar 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.
Date: ~/ 1/L/0f3
f/)lOll2L
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
"
.
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ALL-PURPOSE ACKNOWLEDGMENT
County of
On Fe B I, , ~OOg before me A. Vasvani, Notary Public
personally appear:~~ (.::;:b10~L.D (Yl"~TII\) "W^'"
SIGNER(Sl
San Diego
}ss
State of California
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/k 'th~' executed the same in
his/hM'rtl~il~uthorized capacity(ies), and that by his/h~ signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF.PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct: r... A S ~
. VA VANI
11)- Comm. # 1506303 (J)
NOTARY PUBLIC. CALIFORNIA
~ . San Diego Counry. -
1 My Comm. Expires AugustS, 2008 1
Effective January 1, 2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189, rather than .substantially. in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change, but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not changed
(Civil Code ~ 1189(c)).
WITN~~.JIl?hand and official seal.
//1 /)_ .
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NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
~
Ci>>..fllKY'\(,"\ ~ ft~t0l
TITLE OR TYP OF DOCUMENT
TITLE(S)
D PARTNER(S)
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
. .
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
RIGHT THUMBPRINT
OF
SIGNER
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APA 5/99
VALLEY-SIERRA. 800-362-3369
State of California
County of ?ar. Ih Pf
On U. /2, JiYJ~
personally appeared r~ '1&:tf
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
beforeme;?A7lJOA 6. tf/tu"'ZJu!2; /f)tJ7lffC'1 ~(/t3"IC
(here insert name and title of the officer)
Co 771- ?ot3t-?.6
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s@re subscribed to
the within instrument and acknowledged to me tha@he/they executed the same in~er/their
authorized capacity(ies), and that b(9/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
RANOA G. MILUOUR
Commistloft .1 ~
Notary PubIlc: .
San DIeto County .
r 6 . ~~ 1':" ~~ ~O,11 J
Signalure ? A<-fd&--- ~ nJ /i I-?'~
OPTIONAL INFORMATION
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
LO form(s) of identification 0 credible witness(es)
containing
pages, and dated
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
Title(5)
D
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
(Q Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03, 10/07. To re~order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com
EXHIBIT 'A'
PROPERTY LEGAL DESCRIPTION
A PORTION OF PARCEL 3 IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO CERTIFICATE OF COMPLIANCE
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON MARCH 24, 2005 AS DOCUMENT NO. 2005-0240340 OF OFFICIAL
RECORDS.
INDICA TES ACCESS EASEMENT
AREA = 0.404 ACRES
INDICA TES POINT OF BEGINNING
INDICA TES RADIAL BEARING
EXHIBIT 'B'
LEGEND:
J;:?~~;~
LEGAL DESCRIPTION:
PORTION OF PARCEL 3 IN THE CITY OF ENCINI TAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO CERTlFICA TE OF COMPLIANCE
RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUN TY ON MARCH 24,
2005 AS DOCUMENT NO. 2005-0240340 OF
OFFICIAL RECORDS.
P.O.B.
(R)
SHEET 1 OF 5 SHEETS
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLA T IS
THE N. A. D. '83, ZONE 6, GRID BEARING
BET'M:EN THE CENTERLINE OF ENCINlTAS
BLVD. STATION R0458 21+90 EC AND
R0458 28+ 10 BE, AS SAID STA TlONS ARE
TIED TO STA TlONS 134WCCSl AND 134WCCS2
AS SHOWN ON ROS 17271.
I.E., NORTH 53'47'Or EAST
CITY OF ENCINITAS
ASSESSORS PARCEL NUMBERS:
258-130-52 AND 258-130-51 (~ORH~~)
158-/30-'12. (CvRRENi)
ENGINEER OF WORK:
PROJECT DESIGN CONSULTANTS
701 8 STREET, SUITE 800
SAN DIEGO, CALIFORNIA 92101
7(~J5f6J:b
RONALD E. RO TH, L.S. 5506
REGISTRA nON EXPIRES 9/30/2008
~
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environrnenlllll Engineering I SuMIV
701 B Street, Suite 800 San Diego, CA 92101
619.235.6471 Tel 619.234.0349 Fax
REVISED BY:
DRAWN BY: OS
CHECKED BY: RR
APPROVED BY: RR
DA TE:
DA TE: 10-10-05
DA TE:
DA TE:
DRAINAGE ACCESS EASEMEN T
T: \Mapping\2557\PLA TS-LEGALS\PLA TS\2557 Access ESMT PCLJ.dwg
Jul 18, 2007
SCALE NONE
DOC. NO.
DWG. NO.
"t- ./
.()1'()J r /~ CO. RD.
~j9- v SURVEY NO.
\~) / 458 (05-40)
OUA/L ~'
NO SCALE
EXHIBIT 'B'
It: LINE. E.1/2. / / ";\~
N.W.1/4, NE1/4, / d~
SEe. 15, T.13S., ^V
R.4 w., SBM. V
/
SHEET 2 OF 5 SHEETS
/
..
I
I 1.12'
I
.
~ .
.
/I
/~
/c1
NO.
C1
C2
1~m!11!EllJJrrmJ:JlJJJ
11&li..mI~~
1~1IIIIf>>DI1mIaI
NO.
LT
L2
LINE TABLE
BEARING LENGTH ft
N59"26'32"E 30.43
N26OS0'36"E 22.89
kWEST LINE. EAST 1/2.
N. W. 1/4, NE 1/4,
SEe. 15, T.13S., R.4.W.,
S.B.M.
i:)'
....
~
D;
~
~
/
I,
~ ~,
I~
I & !1J=32.35'56"
R=57.50'
L=32.72'
N26OS0'36"E I
11.30'
!!..66 '36 's 7't;{RL
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IJ= 05 VO '37'"
R=426.00'
L=37.25'
I
N6Y;J6'i{/'E(R)
N60.44 '58"E
18.58'
\
CENTERLINE Of
COUNTY ROAD SURVEY
NO. 458 (05-40)
\
R. OF S. -J2683
/
PARCEL 3
CERTJFJCA TE OF COMPLIANCE
RECORDED MARCH 24. 2005
AS DOC. NO. 2005-0240340. O.R.
I
-J--
N60.44 '58"E
, NOR THERL Y
\ 58.59 RIGHT-Of-WAY LINE
;1'()\ N01.4t21"E OF COUNTY ROAD
At-\.~ L '( 28.04 D SURVEY
\I)((Of:k'NIr AS BOULEV AR NO. 458 (05-40)
E L SEE OUA/L 'A'
I ____(i- ----
--
----
,
--
~
PROJECT DESIGN CONSULTANTS
Planning I Landscepe Ard1itecture I Environmental I Engineering I Surwv
701 B Street Suite 800 San Diego. CA 92101
619.235.6471 Tel 619.234.0349 Fax
REVISED BY:
ORA M/ BY: OS
CHECKED BY: RR
APPROVED BY: RR
DA TE:
DA TE: 10-10-05
DA TE:
DA TE:
CITY OF ENCINITAS
DRAINAGE ACCESS EASEMEN T
SCALE 1"=60'
DOe. NO.
DWG. NO.
T: \Mapping\2557\PLATS-LEGALS\PLATS\2557 Access ESMT PCLJ.dwg
Jut 78. 2007
EXHIBIT 'B'
SHEET J OF 5 SHEETS
N
....
t::f
~
t::f
~
"-
4'a).">-.
?/'~
..1<'1;:,..
t'r'lt>)
PARCEL 3
CER-rJFICA-rE OF COMPLIANCE
RECORDED MARCH 24. 2005
AS DOC, NO, 2005~0240340. O,A,
I
I
,1=56'05'26"
R=32.50'
L=31.82'
N29"26'32"E
21.53'
423.64'
~
0)
~
I\) ~ PARCEL 2
~ ~ CER-rIFICA-rE OF COMPLIANCE
~ =lIiE RECORDED MARCH 24. 2005
. <.... AS DOC, NO, 2005~0240340. O,A,
e
"
-
P.O.B.
MOST EASTERL Y CORNER
OF PARCEL 3
NORTHERL Y N26"38'54"W
RIGHT-OF-WAY LINE OF 13.62'
)> COUNTY ROAD SURVEY BOULEVARD
~ NO. 458. NCINlr AS
Ltn E t
---- -
- ----- -
-
~
PROJECT DESIGN CONSULTANTS
P18nning ILandsclpe Architecture I Environmental I Engineering I SuIV8'(
701 B Street, Suite 800 San Diego, CA 92101
619.235.6471 Tel 619.234.0349 Fax
REVISED BY:
DRA'MI BY: DS
CHECKED BY: RR
APPROVED BY: RR
DA TE:
DA TE: 10-10-05
DA TE:
DA TE:
CITY OF ENCINITAS
DRAINAGE ACCESS EASEMENT
SCALE 1"=60'
DOC. NO.
DWG. NO.
T: \Mapping\2557\PLATS-LEGALS\PLATS\2557 Access ESMT PCLJ.dwg
Jul 18, 2007
EXHIBIT "B"
LEGAL DESCRIPTION
FOR
DRAINAGE ACCESS EASEMENT
BEING A PORTION OF PARCEL 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE
RECORDED MARCH 24, 2005 AS DOCUMENT NO. 2005-0240340 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 3; SAID
CORNER ALSO BEING IN THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY
ROAD SURVEY NO. 458 (OS-40) ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAN DIEGO COUNTY; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 3 AND SAID COUNTY ROAD SURVEY
NO. 458 (OS-40), SOUTH 60044'58" WEST 10.01 FEET; THENCE DEPARTING SAID
SOUTHEASTERLY LINE NORTH 26038'54" WEST 13.62 FEET; THENCE SOUTH
59026'32" WEST 327.02 FEET; THENCE SOUTH 30033'28" EAST 6.15 FEET TO THE
INTERSECTION WITH THE NORTHERLY LINE OF SAID COUNTY ROAD SURVEY
NO. 458 (OS-40) THENCE SOUTHWESTERLY ALONG SAID LINE, SOUTH 60044'58"
WEST 58.59 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF THE
EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 19, 1881; THENCE SOUTHERLY ALONG SAID
WESTERLY LINE, SOUTH 01043'21" WEST 28.04 FEET TO THE INTERSECTION
WITH A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS
OF 28.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 30007'06" EAST;
THENCE WESTERLY, 29.90 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 61010'25"; THENCE TANGENT FROM SAID CURVE, SOUTH 59026'32"
WEST 30.43 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 20.50 FEET; THENCE
SOUTHWESTERLY, 11.66 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 32035'56"; THENCE TANGENT FROM SAID CURVE, SOUTH 26050'36"
WEST 22.89 FEET TO THE INTERSECTION WITH THE CENTERLINE OF SAID
COUNTY ROAD SURVEY NO. 458 (OS-40) AS SHOWN ON RECORD OF SURVEY
MAP NO. 12683, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE,
SOUTH 60044'58" WEST 18.58 FEET TO THE INTERSECTION WITH A NON-
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
426.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 61036'20" WEST;
THENCE NORTHWESTERLY, 37.25 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 05000'37"; THENCE DEPARTING SAID CURVE, NORTH
26050'36" EAST 11.30 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 57.50 FEET; THENCE
NORTHEASTERLY, 32.72 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 32035'56"; THENCE TANGENT FROM SAID CURVE, NORTH 59026'32"
EAST 423.64 FEET; THENCE NORTH 29026'32" EAST 21.53 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A
SHEET 4 OF 5 SHEETS
T:\Mapping\2557\Plats-Legals\Drainage Access Esmt.Pcl.3
RADIUS OF 32.50 FEET; THENCE NORTHERLY, 31.82 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 56005'26"; THENCE TANGENT FROM SAID
CURVE, NORTHERLY, PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY OF
THE NORTHEASTERLY LINE OF SAID PARCEL 3, NORTH 26038'54" WEST 153.62
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 112.50 FEET; THENCE NORTHWESTERLY, 47.79 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24020'26" TO THE
INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 3, A RADIAL
LINE TO SAID CURVE BEARS SOUTH 87041'32" WEST; THENCE SOUTHEASTERLY
ALONG SAID NORTHEASTERLY LINE, SOUTH 26038'54" EAST 274.99 FEET TO
THE POINT OF BEGINNING.
CONTAINS 0.404 ACRE, MORE OR LESS
07/(8107
DATE: I
RO ALD E. ROTH, PLS 5506
(MY LICENSE EXPIRES 09-30-08)
SHEET 5 OF 5 SHEETS
T:\Mapping\2557\Plats-Legals\Drainage Access Esmt.Pcl.3