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CMS99F-Quail Gardens Dr ImpsCOMMONWEALTH LAND TITLE COMPANY 5122 Avenida Encinas, Suite A, Carlsbad, CA 92008 (760) 602 -6725 BUYERS /BORROWERS CLOSING STATEMENT Final Buyer /Borrower: City of Encinitas, a municipal corporation Property: Vacant Land (portion of 7 apns Encinitas, CA 92040 Description TOTAL CONSIDERATION: Total Consideration Deposit of funds to close PRORATIONS AND ADJUSTMENTS: Consideration Pd Outside Esc. TITLE AND ESCROW CHARGES: Owners Policy to Commonwealth Land Title Company Escrow Fee to Commonwealth Land Title Company RECORDING FEES: Recording Sub & Recons to Commonwealth Land Title Company Sub Totals Refund Due Buyer /Borrower Totals Escrow No: 03201283 -980 MAU Close Date: 03/01/2005 Proration Date: 03/01/2005 Date Prepared: 03/02/2005 Debit C Credit $370,000.00 4,033.00 370,000.001 1,341.00 1,650.00 79.00 373,070.00 3 374,033.00: 963.00 $374,033.001 $ $374,033.001 n3 /c)?/?nnfi At 9 1n -51 AM i RECORDING REQUESTEL BY LandAmerica Commercial Services y And When Recorded Mail To: I� Southwest Community Bank Loan Department 5810 El Camino Real, Ste. D Carlsbad, CA 92008 APN: (briar Nn 1201283 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01. 2005 DOCUMENT NUMBER 2005- 0169158 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4:49 PM Substitution of Trustee KUINU REQUESTED BY: Fthwest Community Bank 4"D WHEN RECORDED MAIL TO: Southwest Community Bank Loan Department 5810 El Camino Real, Ste. D Carlsbad, CA 92008 Loan No. 600324 T.S. No. Abovc This Line For Recorder's SUBSTITUTION OF TRUSTEE WHEREAS, Edith L. Campbell, Ronald M. Martin and Kay J. Martin First American Title Insurance Company Southwest Community Bank was the original Beneficiary under that certain Decd of Trust dated January 10, 2 0 0 3 and recorded on January 16, 2003 as instrument No. 2003- 0057457 was the original Trustor, was the original Trustee, and in book page of Official Records of San Diego County, California, and WHEREAS, the undersigned is the present beneficiary under said Deed of Trust, and WHEREAS, the undersigned desires to substitute a new Trustee under said Deed of Trust in the place and stead of said original Trustee thereunder, in the manner in said Deed of Trust provided, NOW, THEREFORE, the undersigned hereby substitutes whose address is Whenever the context hereof so requires, the masculine gender includes the feminine and /or neuter, and tlic singular number includes the plural. Dated Diane M. Sit r State of }SS Senior Vice President County old On f '7 7 before me, the undersigned, a Notary Public in and for said state, personally appeared ✓� 1 �- x x- personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that 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 thZlinsttvment. WITNtV my hand fd official seal C. L. GOMEZ COMM. # 1319320 . ._` NOTARY PUBLIC • CALIFORNIA] SAN DIEGO COUNTY Comm. Exp. AUG. 28, 2005 (This area for Ol7icial Notary Sea[) =-E EZ 9320 NOTARY PUBLIC KWWRFORMS NTAUST1: l�(' AI. II :f11tNVl- 1 :OXMSYA00S.DOCQ76M1 OUNTY . 28. 200.5 Recording Requested By: Southwest Community Bank Loan Department 5810 El Camino.Real, Ste. D Carlsbad, CA 92008 When Recorded Mail To Southwest Community Bank Loan Department 5810 El Camino Real, Ste. D Carlsbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01, 2005 DOCUMENT NUMBER 2005- 0169159 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4.49 PM Space above line for ec r e M P A R T I A L R E C O N V E Y A N C E executed by Southwest Community Bank as Trustee under Deed of Trust Edith L. Campbell, and recorded as; Ronald M. Martin and Kay J. Martin as Trustor(s), Instrument/ File No. 2003 - 0057457 on January 16, 2003 in Book' Page of Official Records in the office of the County Recorder of SAN DIEGO County, California, having been requested in writing, y t the obligations secured by said Deed of Trust, to reconveyRtheNestate granted to trustee under said Deed of Trust, without warranty all the person or persons legally entitled thereto, e under that Deed of the estate, title, and interest acquired by Trust in and to that portion of the property described ,asC (allows: See Attached Exhibits.A, A(B), C, C(B), E, E(B), F, F(B), The remaining property described in terms thereoft Asaprovidednby to be held by said trustee under said Deed of Trust this Partial R any persone for spayment wofhthe affecting the personal liability of any p indebtedness secured by said Deed of Trust. as IN WITNESS WHEREOF, _ Trustee, has caused its corporate authorized officer on the date certificate below. name to be affixed by a duly shown in the acknowledgement By nior ice re i ent Diane M. Sitar, STATE OF CALIFORNIA ) S.S. COUNTY OF SAN DIEGO ) On j / 7- -- 0a) 3 , before me, � - ��l 7` a Notary Public for said State, personally appeared /D);tne-/r1S,' >4iZ,- personally known to me (or 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 /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 same. WITNESS my/"h and yfficial seal. Signatur" C. L. GOMEZ COMM. 1319320 NOfARY11WjC C11IfORM�� [Q: W DIEGO COUNTY Cam. Exp. AUG. •28, 2005 EXHIBIT A (LEGAL DESCRIPTION RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258-130-54 PARRCCEL_l: THE BEING THAT PORTION OF THE WEST HALF OF THE NOR SOUTH ST QUAE 44 R O SAN NORTHEAST QUARTER OF SECTION 15, TOWNSHIP COUNTY BERNARDINO BASE AND MERIDIAN, CITY O OUNI"I'IDS TATS �'� DIEGO, STATE OF CALIFORNIA, ACCORDING SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: _ CO�EVCING AT THE SOUTHWEST CORNER OF THE NOHOWN ON RECORD OF THE NOR'T'HEAST QUARTER OF SAID SECTION -15 AS SURVEY MAP NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE NORTH 1 °56'23" EAST 480.00 FEET TO THE TO WALTER Nt SOUTHWEST CORNER OF THE LAND RECDORDID S�EPTEMFFR lEID 34 IN BOO 3K 0 WILSON AND MARIETTA WILSON A PAGE 350 OF OFFICIAL RECORDS IN THE OFFICE TRUE pOINT OF BEGINNING, THENCE SOUTH 88 005'29" EAST 482.80 FEET CAVE EASTERLY HAVING A SAID POINT BEING ON A NON - TANGENT COUGH SAID POINT BEARS RADIUS OF 220.00 FEET, A RADIAL- LSE SOUTH 89 °41'20'' WEST, SAID CURVE ALSO BEING THE WESTERLY SHOWN ONFSpID RECORD OF QUAIL GARDENS DRIVE, 40.00 FEET WID SURVEY NO. 12683; THENCE NORTH 88 °05'29" WEST 33.72 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERI -YRS ORTH RADIUS OFS� Fir, A RADIAL LINE THROUGH SAID POINT THENCE NORTHEASTERLY 116.23 FEET ALONG 52 SAID ASCU CURVE FEET THROUGH THE CENTRAL - ANGLE OF 15003'59"; " THENCE NORTH t(7S OF BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RAD 468.00 FEET; THENCE NORTHEASTERLY 21.14 FEET ALONG INE�OF THE THROUGH LAND A CENTRAL ANGLE OF 2035'18" TO THE 1928 IN DESCRIBED IN THE DEED TO MABEL O'HARA, RECORDED NOVEMBER 27, BOOK 1552, PAGE 359 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; T POINT THENCE SOUTH 88 005'29" EAST 25.86 FEET ALONG SAID S DR SAID POINT E To'A OI ON A SAID WESTERLY LINE OF SAID QUAIL GARDE NON - TANGENT CURVE CONCAVE NORTH POINT BE HAVING 09 F EAST; FEET, A RADIAL LINE THROUGH SAID THENCE SOUTHWESTERLY 141.73 FEET AL-ON GSAM F CURVE 14000'04"; � WESTERLY LINE THROUGH A CENTRAL THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 29 056'55" WEST 89.91 FEET TO THE BEGINNING OF A CURVE CONCAVE 9 ODUTHEA TERGLYA CURVE�NU OF 220.00 FEET; THENCE SOUTHERLY 116. Revised December 19, 2002 Page 1 of 2 APN: 259- 130-54 PASURVE ANNA\ SANDI EGO\QUTALGARD\DwGQ59.130.54 -DOC WESTERLY LINE THROUGH A CENTRAL ANGLE OF 30 015'35" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 9,709 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: L ,c' }ANNA M; BFAL ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 � No. 4M OF C1 Revised Dccember 19, 2002 Page 2 of 2 APN: 258-130-54 .. .�„n.ie.n.uw,c irAi r.ARrADWGU58_130.S4.DOC N1'Sfi'2.YE 48fl.OQ' � �ro �o a co tr # n 033 Cl w PROP D� - -• N S = NOQ33'OSfw 211..95' . v >m O�1 > N az� J � 3 n � t0 N N J om Lnm -4' F � azC3 O S1XOA N V, l.J 7O sn 1 vp � O 10 rn U 3 0 � -P CO rq 10 �F Lm �• m V1 rn O N C • O��o PROP Nt•55'2TE L1C S a� sZ R D N � Tn� u4� o1 71; n u i i 0 �w= �4A {{ N r' O w'LY UNE HE 1/4 SEC 15 323.25' 1 a Z J N n Z n � � N tT 1 1 4Z ; Pte° , 1; qUft Qa u W 7Uc N V i r; N cn Fi �B N w O td O 1--•1 b C+xJ H •�� V b 0 M fn D� = NOQ33'OSfw 211..95' . NW33'05W 211.95' F � N O S1XOA N 3 1 U 3 a0 � N �• Nt•55'2TE L1C S a� sZ R D N � Tn� u4� o1 71; n u i i 0 �w= �4A {{ N r' O w'LY UNE HE 1/4 SEC 15 323.25' 1 a Z J N n Z n � � N tT 1 1 4Z ; Pte° , 1; qUft Qa u W 7Uc N V i r; N cn Fi �B N w O td O 1--•1 b C+xJ H •�� V b 0 M fn PROP ROW -i N003J'05W 211.83' N C ^' =�cti � 2 _ =rn �+7 0 to U N v U °'off a w v N N Cog ICI .�. Rr,220 tailljocle IA 0 ,00 rr O b t:! 92 C4 M 9. ►-3 iyyC � i=! ►k td O �~ ►t ''3 z ^ ca td C n �o z r� i En m K Z H n n - U Li Cl) E ^ VIN pppp m'U'�7+1 ZINO �mm° O e e O° q + ip L! CIZO E v w O ' Lil ' U U1 J. 4 N -+ O 'U C. A Cw N - + .r' � � NAB NUJ [T U !.>7 � C7 a4 nZi �'� _N N '� 'N 'W "''Atl; _. ��„n cm N �N (,R, �6' --'O La U_O CYI� NA o Z Q °i m _ cr± v- 3 m m m m m m :F m n IR O >w is L I N r1 z '. -. Ul im r � �Jr y� Ln n N> c z e® 2r�T 9 3rd y o NJ PROP ROW -i N003J'05W 211.83' N C ^' =�cti � 2 _ =rn �+7 0 to U N v U °'off a w v N N Cog ICI .�. Rr,220 tailljocle IA 0 ,00 rr O b t:! 92 C4 M 9. ►-3 iyyC � i=! ►k td O �~ ►t ''3 z ^ ca td C n �o z r� i En m K Z H n n - U Li Cl) E pppp m'U'�7+1 ZINO �mm° O En PROP ROW -i N003J'05W 211.83' N C ^' =�cti � 2 _ =rn �+7 0 to U N v U °'off a w v N N Cog ICI .�. Rr,220 tailljocle IA 0 ,00 rr O b t:! 92 C4 M 9. ►-3 iyyC � i=! ►k td O �~ ►t ''3 z ^ ca td C n �o z r� i En m K Z H EXHIBIT C (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258-130-46 BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF.ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO . UNI'T'ED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00 033'05" WEST 211.07 FEIil 'FOR A PORTION OF THE EASTERLY RIGHT OF WAY LINE FOR QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY ' NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE SOUTH 00 °33'05'. EAST 132.47 FEET ALONG SAID EASTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 °33'05" EAST 50.68 FEET TO THE BEGINNING OF, A NON - TANGENT CURVE CONCAVE• NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET, A RADIAL LINE THOUGH SAID POINT BEARS SOUTH 71 °27'06" WEST; THENCE SOUTHEASTERLY 69.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 022'07" TO THE NORTHWESTERLY LINE OF OLD COUNTY ROAD SURVEY NO. 40 AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE NORTH 60 044'44" EAST 5.92 FEET ALONG SAID NORTHWESTERLY LINE TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 431.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 64 °56'02" WEST; THENCE NORTHWESTERLY 116.02 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 025'23" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 836 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: �Q D SU�L G�i AT+Il�1l4 M. p ANNA M. BEAL, P.L.S. 4955 DATE ,#c EXPIRES: 12/31/05 trio. 41M ��- 4�OF CAS Page 1 of 1 APNc258- 130-46mv RA SURMA" AlSANDIEGO \QUA1LGARD\258- 130-46REV.DOC .9- i T\ EXHIBIT C (B) P.O.C. / RIGHT OF WAY FOR PUBLIC STREET PURPOSES rw / NW05'2TW 143.14 N fa SEE DETAII. 'A" c MEON AI I 20' r 1 PROP. ROW cr �2 j9]' C7 �i 1 EXIST E'LY ROW CA In 13 Qr(n C4 I N �I I a t T.P.O. C. CL I � t N 3 a EXIST. E'LY vNl s11`11� _ P.O.C. 0 "=3.7T 000' w, 1 u nciNNrrr MAP \A QM\`\ LE1X'AOYI V6 \ FR= IncX= B�&�►rAS e�w 2001 EAST FIRST STREET SANTA ANA. CA. 92705 (714) 568 -7300 ,.31a 4 LAND ANNA M. BEAL � f2/31/� ?'\ P.L.S. 4955 PROP. ROW 8 N W Y �.r W Z I W 0 (D NW'LY UNE OLD COUNTY ROAD SURVEY NO. 40 O AN ESMT TO THE COUNTY OF SAN DIEGO FOR PUBLIC ROAD PURPOSES REC. 8/24/67 AS FILE NO. 128398, OR © AN ESMT TO THE S.D.GA&- FOR POLE UNE, UNDER GRD. CONDUITS PER DOC. REC. 3/27/58 IN SK 7011/129, A 3/27/58 IN SK 7011/119, NTH OF OA N88'05'29'W +r 0.71' y >! 0.88' N88'05'2grW 143.14 !t r•� ! I R n : r t r 1� �► 1 0 ,DETAIL 'A" d; -. - LEG DENOTES AREA TO BE DEDICATED TO CITY OF ENCINRAS FOR ROAD AND HIGHWAY PURPOSES. AM&- 836 SO FT DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S MAP NO. 12683, RECORDED MAY 10, 1990. lk O ti�G1/ REVISED 5/21/03 SHEET 1 OF 2 SHEETS ASSESSORS PARCEL NO.: 258 -130 -46 OWNER RONALD MARTIN F SEE DETAIL -A. EXHIBIT C (B) i P.O.C. oN sHEET i TEMPORARY CONSTRUCTION EASEMENT / NE1805'29'W 143.14 m NYLY LINE OLD COUNTY 59.89' ROAD SURVEY NO. 40 .., J o AN ESt,(i TT) THE COUNTY OF sw z I N g SAN DIEGO FOR PUBLIC ROAD I I J �+ PURPOSES REC. 8/24/67 AS FILE NO. 128398, OR Wt7 I i PROP. ROW O AN E W M THE S.D.G.&E. .a to Ln FOR POLE LINE, UNDER GRD. � t.-, � EXIST E'tY ROW .-, CONDUITS PER DOC. REC. 29' J z 3/27/58 IN BK 7011/129, z 3/27/58 IN SK 7011/119, a N8g22'47'E _j �* BOTH OF OA :3 48.81' cr CA I-ANO DWENS1oN5 SHOWN HEREON Al ASED J ANNA M. REAL !3 ON RECORD INFORlUTION PER R OF S w E�asz 12J31/o5 1� NO. 12683, RECORDED MAY 10, 1990- * P.LS. 4955 �P 1 , 59 - IR IDW. E'LY ROW r, P.O.C. PROP. ROWi R= 180.00' � .�► $ +� L-�VT w r RAO. R =180. � o& � / . . 93 IEM DENOTES AREA TO BE DOMED �C a,\ , A ` 6t'�g� [-j TO CRY OF ENC1N(iAS FOR ROAD v ` E . �, /Wp HIGHWAY PURPOSES �f11 AREk' 836 SO. FT. pENao AREA TO BE DEDICATED BLVD UlrA)a \ \ / �' l a�E C ] M CITY OF E CINNITS FOR MOSES. � d a�5oti AREA: 4,872 SO. FT. -t Maw LDCAFM / REVISED 5/21/03 SHEET 2 OF 2 SHEETS 2001 EAST FIRST STREET ASSESSORS PARCEL NO.: 258- 130-4 SANTA ANA. CA. 92705 OWNER: RONALD LARTIN (714) 568 -7300 EXHIBIT E (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 257 - 020 -21 BEING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: - BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST. QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 2 056'06" EAST 132.16 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUAATER OF THE SOUTHWEST QUARTER OF THE SOUTMAST QUARTER OF SAID SECTION 10; THENCE ALONG A LINE PARALLEL E - WITH THE SOUTHERLY LINE OF SAID SECTION, SOUTH 88 021'52" EAST 17.33 FEET; THENCE LEAVING SAID PARALLEL E _ LINE, SOUTH 4 051'23" WEST 6.64 FEET; THENCE NORTH 85 008'37" WEST 1.00 FEET; THENCE SOUTH 4 °51'23" WEST 125.75 FEET TO THE SOUTHERLY LINE OF SAID SECTION 10; THENCE NORTH 88 °21'52" WEST 11.89 FEET ALONG SAID SOU 'rHERLY LINE TO THE POINT OF BEGINNING. CONTAD41NG AN AREA OF 1,870 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: s� Ala 3 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/01 Page 2 of 3 APN: 257 -020-21 r?/Ak :oL, UNA w *!� "1_- 1k No. 4%5 tQf C AVF EXHIBIT E (B) RIGHT OF RAY FOR PUBIC STREET PjTRPOSES t DIMENSIONS SHOWN HEREON ARE WED I ON RECORD INFORMATION PER R OF S MAP ! _) NORTH UNE SE 1/4, SW 1/4, NO. 12683, RECORDED MAY 10, 1990- i i ^ SE 1/4 SETL 10 N THE SOUTH UNE OF SECTION 10 BFJNG N8S21'STw scAiE N TS ^ I ;�I FI-i // n DETAIL "A 0 to v zni �_..A N u► n "" i t �'7," n CJ� n � I r $ or IIWrn cr• ji U4 U4 cn _ _ F� =II,-'! j • 16.16' .34 Nes6it1w 1984.03' iI i' N A SE 1/4, S* 1 4, W I g on r/3,,i SE 1/4, SEC. _10 (wI za j 4 iI c � r N ' h r ; 8 P rr v> C- m WEST LINE SE 1/4, W T H SE 1/4, SEC. 10 Li � MST. T, QUAIL GARDENS DRIVE 0 >� N75375E AM&W TR. NO. 3761 do RA 373) Ln rn EX15TN256'oe; E ° 1 16 n Li cm 73M V °m Ln O D g�� P CC mm 2 ~ tz 1 _ 0 N F z m F N b 0 ! * Li( ( 1189`N4.517.3"E _ 125.75' 2 w vN4'S 07'E 85.80 N x N N T r" 19 i CA s �� Ir 3r 44S s j� t I I N257'21'E 1 `PROPOSED q, QUAIL, GARDENS DRIVE FOR �) N cm 73M N txi N CC mm 2 ~ tz © o A !m_! W H b z m W tit r �o '6 L N x N N T r" 19 i CA s �� Ir 3r 44S s j� t I I N257'21'E 1 `PROPOSED q, QUAIL, GARDENS DRIVE FOR �) N .EXIST LINE WEST ,353 SE 1/4, SW 1/4, SE 1/4 SEC 10 0 txi tz ro CC mm 2 ~ tz = A !m_! H b 0 W tit r .EXIST LINE WEST ,353 SE 1/4, SW 1/4, SE 1/4 SEC 10 EXHIBIT F {LEGAL. DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258 OF BEING THAT PORTION OF THE NORTH 2 ACRES OF THE NORTHEAST OF QSECTIOONR 115 THE NORTHWEST QUARTER 40��SAN.NO NORTHEAST BASE AND MERID IAN, IN TOWNSHIP 13 SOUTH, RAN OF SAN DIEGO, STATE OF CALIFORNIA, THE CITY OF ENCINITAS, COtJN'rY SURVEY' APRIL 19, ACCORDING TO UNITED STATES GOVERNMENT 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWES T CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER NORTHERLY T-� SAID ICE SOUTH 88 °21'52" EAST lG'lE8 SO ALONG 3' WEST 81.58 FEET; THENCE NORTHEAST QUARTER: THENCE ONCE SOUTH 4 °51'23" WEST 26.11 FEET TO SOUTH 85 °08'37" EAST 3.99 FEET; EASTERLY HAVING A RADIUS THE BEGINNING OF A TAN o TT 23.96 N SG AID CAVE- THROUGH OF 1968.00 FEET; TIBENCE S y LINE OF SAID NORTH 2 A ANGLE OF 0"41'51" TO THE SOUTHERLY ACRES; THENCE NORTH 88 °21'52" WEST 8.83 FEETGTfCE NORTH 43E TO THE SOL:ITI.IWF -ST CORNER OF SAID NORTHOF SAID NORTHEAST QUARTER OF EAST 131.68 FEET ALONG THE WESTERLY �E THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING- CONTAINING AN AREA OF 1,293 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAT.., P.L.S. 4955 DATE EXPIRES: 12/31/05 Page 1 of 3 APN: 258- 130-10 tit. BEA= - t EV n oi wx s�4 Li ="'_' N ^ =-� a 1•�� rcOm O Ln D F+ � Cq 0 -M C, r> N � m 0 N N rZ O N U NO V N 4 WA aCA" 4 2 N ,• 02 Qf m 00 N 1' rn wN I �I �I �i N u =I rn rn SN fy+l n CT © O O a *� Ne w -�4 T Nr29'34'E 131.68' LM MAY 1 /4LINEP1E 1/4. SEC, 1 5 -� N1'29'34'E 131.68' m v I n N1'S%'11'E 7 0 rn 321 T c. ROW i W H O a � bd b C b 0 I 1!0 EXIST. j Q QUAIL GARDENS DRIVE J y o P PROPOSED j j QU I. (per Ros 12683 �c R,5' 373) : O DRIVE ('EE DETAIL WEST Lm. NE 1/4, rr, S _ 0 =342' 1' R= 2000.00'_ = SK Z-1 _ NT53'Z5 E — — X51 2-V E 106.12 o° T N q q 4 N1'43'26'E_ _ N v S S _ ` u rn R RAD N N4'S1'13'F 81.58' oi wx s�4 Li ="'_' N ^ =-� a 1•�� rcOm O Ln D F+ � Cq 0 -M C, r> N � m 0 N N rZ O N U NO V N 4 WA aCA" 4 2 N ,• 02 Qf m 00 N 1' rn wN I �I �I �i N u =I rn rn SN fy+l n CT © O O a *� Ne w -�4 T Nr29'34'E 131.68' LM MAY 1 /4LINEP1E 1/4. SEC, 1 5 -� N1'29'34'E 131.68' m v I n N1'S%'11'E 7 0 rn 321 T c. ROW i W H O a � bd b C b 0 I 1!0 N u =I rn rn SN fy+l n CT © O O a *� Ne w -�4 T Nr29'34'E 131.68' LM MAY 1 /4LINEP1E 1/4. SEC, 1 5 -� N1'29'34'E 131.68' m v I n N1'S%'11'E 7 0 rn 321 T c. ROW i W H O a � bd b C b 0 I 1!0 EXHIBIT F (B) RIGHT OF WAY FOR PUBLIC. MEET PURPOSES t NOTF- W N I �^ DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFOR1,41TION PER R OF S NOW LM SE 1/4, SW 1/4, N0. 12683 RECORDED MAY 10 1990. i �I SE 1/4 SEC. 10 N THE SOUTH UNE OF SECTION ib BEING Nes2rsrw Sc:A1 E K TS LAM DETAIL "A" ANNA W BEAL 3- * P.I.S. 4455 e OF Z p .- i III'^ R` �`' �A , , � SOUTH UNE NORTH 274.00' p �' � z r'o CD• t I2' 5E1/4, SWt /4. SE1 /4 SEC. i0 �. a " °. W `� I UP �z 914 W. La �. N � W o 2 1 ! i �' A ,a' �,•57'Ss .I q it= Z I j Io a ©R= Vq 10 16.16' 6e -14 F i o.-u — 19&.051 A SE 1/4, sw 1/4. SE 1/4. SEC. 10 j cr m N ._ iI I N SEE D zl i � HEREON o f cr SEC. 10 I. 661.34 N88'21'S2"w _ MJ� IN E,y Q1Q ar i� C4 I 2001 EAST RRST W ��h 1 I j Zii SANTA ANA. CA. 927057 (714) 568 -7300 w0 is J� ' 1984. , ' 2645.39' SE 1/4, SW 1 SE 1/4. SEC. DETAIL elt�o m ,G ,I S. C �.ts dro SEC. 10 muff w ILTS. SHEET 2 OF 2 SHEETS ASSESSORS PARCEL NO.: 257 - 020-21,25 & 258 - 130-1 OWNER EDn CAMPBELL EXHIBIT G (LEGAL DESCRIMOI) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258-130-73 BEING THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERN.4RDIN0 BASE AND MERIDIACCORDING O OUNIT'EDS TATES GOVERNMENT OF SAN DIEGO, STATE OF CALIFORNIA, SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMAIENCING AT THE SOUTHWEST CORNER. OF THE NORTHERLY 145 -00 FEET OF THE LAND DESCRIBED IN THE DEED TO RICHARD CAMPBELL AS RECORDED NOVEMBER 9, 1964, SEiZMS 5, BOOK 1964 AS- FILE NO. 203960 OF OFFICIAL RECORDS, SAID 145.00 FEET BEING MEASURED ALONG THE WESTERLY LINE OF SAID. LAND TO RICHARD CAMPBELL; THENCE SOUTH 88 021'52" EAST 4.58 FEET ALONG THE SOUTHERLY LINE OF SAID NORTHERLY 145.00 FEET; 'THENCE SOUTH 1 008'32" WEST 83.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 529.00 FEET; THENCE SOUTHERLY 81.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 048'48" TO THE WESTERLY LINE OF SAID LAND CONVEYED TO RICHARD CAMPBELL; THENCE NORTH 1 043'26" EAST 164.44 FEET ALONG SAID WESTERLY LINE TO THE POINT OF COMNENCEMENT. CONTAINING AN AREA OF 721 SQUARE FEET, MORE OR LESS. PREPARED BY NEE OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 NpIof1 APN: 258 - 130-73 R:ISUR VEY\AN NA�SAND IEGO\QUAILG ARD\D W GI25 8- 130- 73.DOC U� ANWA M. BEA1- � 3 -9 t+ia 4955�e �OFC��F EXHIBIT G (B) F-7� NORTH UNE SEC. 15 RIGHT OF RAY FOR PUBLIC STREET PURPOSES N88 1'S 1WO NW COR NE 1/4, NW 1/4. 15 N n ��„ . = N88'21'5YW 30212' cl S SOUM UNE NORTH 2 ACRES ` o Ln NE 1 /4, NW 1 /4, NE 1 /4 SEC. 15 NW'LY COR OF MEIEUi S LAND 1 r- REC. 1l 964, SER16 5, BOOK r 28 1\0 1964 AS FLE NO. 203960, O.R. P.O.C. N ' N882l'5YW .. 314.47' � 309.8 I8' lx n^ 29' .5 SOUM UNE NORTHERLY 145.0(' A MEAS. ALONG W'LY UNE OF THE P) Lu vi PROPOSED E1 /2, NW1 /4, NE1 /4 i4 ROW 3w mw P4 r WEST 1 4, FlE N0. 203960, OR C7 - NE 1 4 SEC. 15 I c �g l PER DEED REC. 8/13/64 ] �5 F, PER BK 1964, AS FILE N0. ,pcp ' 147672, OR CIA �•�lk bp A4 29 o LAND ANNA M. 6EAL 00AENSlONS SHOWN HEREON ARE BASED P,LS 4955 4 ' ON RECORD INFORIAATION PER R OF S W g NO. 12683 RECORDED MAY 10. 1990• ,1'0 7JF � GL�� / G THE SbW LINE OF SECTION 10 BEING N68'21'57W P NA uj N grit tDCAlla °id'rus lEGEdQ DENOTES AREA M BE DEDICATED N TO CITY OF ENCMAS FOR ROAD Y1�1ILU AMP AND HIGHWAY PURPOSES- REMD 5/211/03 SHEET 1 OF 1 SHEETS 721 50. FT. f ' 2001 EAST FIRST STREET ASSESSORS PARCEL NO.: 258-130 -73 SANTA ANA. CA_ 92705 Oyy►J(jr EDfTN CAhWBEtI (714) 568 -7300 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME CAM MAR GROWERS ADDAEEf 630 ENCINITAS BLVD ENCINITAS, CA 92024 STATE a zip ATTN : RICHARD F.-CAMPBELL L Title Order No. Escrow No. t THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01. 2005 DOCUMENT NUMBER 2005 - 0169160 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4:49 PM SPACE ABOVEVSkL �� RI!<L.eF�EFt'� USE ♦♦ii Reconveyance Number FULL RECONVEYANCE NORTH AMERICAN TITLE COMPANY INC., a California corporation, formerly American Title Company, as Trustee under that certain deed of trust executed by SHIP dated JUNE 23, 1982 recorded 7 -15 -82 as Instrument No. 82- 217031 in Book Page of Official Records, of the County Recorder's office of San Diego County, describing land therein as: That portion of the North Two Acres of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, as more particularly described on said Deed of Trust having received from holder of the obligations thereunder a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes secured thereby, having been surrendered to said Trustee for cancellation, does hereby reconvey, without warranty, to the person or persons legally entitled thereto, the estate now held by it thereunder. IN WITNESS WHEREOF, NORTH AMERICAN TITLE COMPANY has caused its corporate name and seal to be affixed by its Assistant Vice President and Secretary thereunto duly authoirized. Dated: Apri 1 4 _ 1990 Reconveyance No. 3n —R -1 9R STATE OF California NORTH AMERICAN TITLE COMPANY, INC. a California Corporation, formerly ' 77 ompan , as such Trustee By Ed F. Fontes Assistant vice President By San Diego } SS. COUNTY OF 1 On this 4th day of April In the year 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Ed F. Fontes Ig personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as vice president (or assistant secretary) or behalf of the corporation therein named and acknowledged to me at the orporation a cuted it. Signature ARY PUBLICA AND S STATE T -500 Assistant Secretary / [CORDING REQUESTED BY C commonwealth Land Title CS DOCU MENT WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: Ron Martin Cam -Mar Growers 630 Encinitas Blvd. Encinitos, California 92024 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR O1. 2005 DOCUMENT NUMBER 2005 - 0169161 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME, 4.49 PM APN: #257- 020 -21- 00,257- 020 -25 -00 258- 130 -10 -00 & 258- 130 -73 -00 Escrow No: 03201283- 980 -MAU Title No: 03201283 B sp. CORRECTION GRANT DE N TORS DECLARE(S) ED GRA ( ) ONFORM THE UNDER SIGN Documentary Transfer Tax is $0.00 computed on full value of property conveyed, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Edith L. Campbell, a Widow hereby GRANT(S) to Cam -Mar Growers, a General Partnership * *This Deed is being recorded to correct the vesting of any interest by deeds recorded October 11, 2001, as File Nos. 2001 - 735900 and 2001- 0735901; which were recorded in error. ** the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibit A attached hereto and made a part hereof. Commonly known as: APN #257- 020- 21 -00, 257- 020- 25 -00, 258- 130 -10 -00 & 258- 130 -73 -00 Vacant Land, Encinitas, CA 92040 Dated: June 17th, 2004 Edith L. Campbell STATE OF CALIFORNIA SS' C( on J dot personally app e the haqiq of-satigliaetr evidence ared rr� to be the person( whose name( is/am personally known to me ( executed the same In h� /her /theh authorize subscribed to the within InstruheC iba signature( on the Instrument the person(s�, or the entity upon behalf of which the capacity(ies3, and that by-ft/ / person(e) acted, executed the instrument. n4- KATHIE OMUNDSON a Commission #1329815 < WITNESS my hand and official seal. Q NOTARYPUBUC- CALIFORNIAM SAN DIEGO COUNTY � %C e�`�!� r "� MY COMMISSION EXPIRES Signatures\ � ^ir�N`� NOVEMBEA 12.2005 MAIL TAX STATEMENTS AS DIRECTED ABOVE All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL l: That portion of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter; thence South 01 °05'44" West along the Easterly line of the Northwest Quarter of the Northeast Quarter of Section 15, in said Township 13, South, Range 4 West, a distance of 131.95 feet to an intersection with the South line of the North 2 acres of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 15; thence Westerly along said South line 229.58 feet; thence North 01 005'44" East to the North line of said Section 15; thence North 02 008'24" East along a line parallel with the East line of the Southwest Quarter of the Southeast Quarter of said Section 10, a distance of 132.17 feet; thence West, parallel with the South line of said Section 10 to the East line of West 353.00 feet of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter being the True Point of Beginning; thence continuing West parallel with the South line of said Section 10, to the West line of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter; thence North along said West line to the South line of the North 274.00 feet of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter; thence East along said South line to the East line of said West 353.00 feet, thence South along said East line to the True Point of Beginning. EXCEPTING THEREFROM that portion thereof conveyed to the County of San Diego for road purposes by Deeds.recorded in Book 1012, Pages 331 and 332 of Deeds. APN:257- 020 -25 PARCEL 2: That portion of the East Half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Southwest corner of the North 2 acres of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 15; thence Easterly along the South line of said North 2 acres 302.12 feet to the Northwesterly corner of land conveyed to Richard Campbell by Deed recorded November 9, 1964, Series 5, Book 1964, as File No. 203960 of Official Records; thence South 03 049'10" East along the Westerly line of said Campbells's Land 259.44 feet to the most Northerly corner of land conveyed to Richard Campbell, et ux, by Deed recorded August 13, 1964, Series 5, Book 1964 as File No. 147672 of Official Records; thence along the boundary of said Campbell's land, South 36 °33'50" West 300.00 feet and South 66 027'22" West 164.85 feet to an intersection with a line drawn directly South from the Point of Beginning; thence North 570.37 feet to the Point of Beginning. legal rev. (010698) EXCEPTING THEREFROM the Northerly 145.00 feet described idland herly 145.00 feet being measured along the Westerly line of the above APN: 258 - 130 -73 PARCEL 3: That portion of the North Two Acres of the Northeast Qua Ranoe 4 West Sans BeQrnartdinof P 9 the Northeast Quarter of Section 15, Township 13 South, Base and Meridian, together with the Southeast ou Quarter aof e 4 Southwest t San Bernardino Base Southeast Quarter of Section 10, Township 13 Sout 9 and Meridian, in the County of San Diego, State of California, according to Official Plat thereof described as follows: Beginning at the Southeast corner of said Southeast Quart e the of he Sou line ofRherter of the Southeast Quarter; thence South 01c05'44" West along feet Northwest Quarter of the Northeast Quarter of said acres of said Northeast 131.95 of the to an intersection with the South line of the North 2 cre Northwest Quarter of the Northeast Quarter; thence Westerly along the said South line 229.58 feet to the True Point of Beginning; thence No ah101005'44" lllEW thtthe East line�of of said Section 15; thence North 02'08'24" East along the Southwest Quarter of the Southeast Quarter of said c ection 10 to,the West line of the 7 a distance of feet; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter of the West linetof said eNorthe'ast Quarter of thence South along said West line to and along the the Northwest Quarter of the Northeast Quarter of SetTrue Point of Beginning °f said ion js to the S North 2 acres; thence East along said South line to the portion thereof conveyed to the County of San Diego for EXCEPTING THEREFROM that road purposes by Deeds recorded in Book 1038, Pages 331 and 332 of Deeds. ineral, oil, gas, and other hydrocarbon substances in Als o EXCEPTING THEREFROM M all all m produced from said lands, as reserved in Deeds recorded and under or that may be October 11, 2001 as File No. 2001- 0735896 and 2001 - 0735897, both of Official Records. APN: 257 - 020-21 and 258 - 130 -10 legal rev. (010696) RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT ,iND TAX STATEMENTS TO: THE ORIGINAL OF THIS DOCUMENT Ron Martin Cam -Mar Growers 630 Encinitas Blvd. Encinitas, CA 92024 APN: 258- 130 -54- 00 Escrow No: 03201283- 980 -MAU Title No: 03201283 (F) WAS RECORDED ON MAR O1. 2005 DOCUMENT NUMBER 2005- 0169168 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4.49 PM Spoi u-V M'=IVIuCI � U.�C GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) CONFORNA DOCUMENTARY TRANSFER TAX IS $0.00 computed on full value of property conveyed„ AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to Richard F. Campbell, Trustee of the Richard F. Campbell Trust the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibit A attached hereto and made a part hereof. Commonly known as: 258- 130 -54 -00 Vacant Land, Encinitas, CA 92040 Dated: June 18, 2004 Cam -Mar rowers, a General Partnership V_0611a�§Z At4_��" By: Ronald Martin, Partner STATE OF CALIFORNIA �t COUNTY OF ea+�L b �vlQ } SS: o By: Kay J. Aari= n, Partner personally appeared YT l 1 personally known to me to be he person(s) whose name(s)- is/are subscribed to the within instrument and acknowledged to me that I;Qrh they executed the same in -hi3Ow /their authorized capadty(ies), and that by W&Aw /their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KATHIE OMUNDSON WITNESS my hand and official seal. v r � Commission 11924815 < 0) ° NOTARY PUBLIC - CALIFOR►MA 71 Signa�� > MY COMMISSION EXPIRES A OR NOVEMBER 12.2005 FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT 'A' Date: February 24, 2004 File No.: DIV- 1221679 ( AS) THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER, NORTH 01 °10'58" EAST, 480.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 01 °10'58" EAST, 323.18 FEET TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO MABEL O'HARA, RECORDED NOVEMBER 27, 1928 IN BOOK 1552, PAGE 359 OF DEEDS; THENCE ALONG THE SOUTHERLY LINE OF SAID O'HARA'S LAND, SOUTH 89 °5019" EAST, TO THE NORTHWESTERLY BOUNDARY OF THAT PORTION OF COUNTY ROAD SURVEY NO. 373 (KNOWN AS QUAIL GARDENS ROAD), AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 28, 1924 IN BOOK 1038, PAGE 333 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY BOUNDARY TO A LINE WHICH BEARS SOUTH 88 050'29" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88 050'29" WEST TO THE TRUE POINT OF BEGINNING. A.P.N. 258 - 130 -54 -00 Initials: Page 1 of 1 )ZC CORDING REQUESTED BY Commonwealth Land Title Company' WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: 258 - 130 -54 -00 Escrow No: 03201283- 980-MAU Title No: 03201283 (F) 1ti Spay GRANT DEED THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01. 2005 DOCUMENT NUMBER 2005- 0169169 GREGORY J SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME 4,49 PM THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Exempt from Documentary Tax Pursuant to R & T Code #11922 Exemptio from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard F. Campbell, Trustee of the Richard F. Campbell Trust hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibita attached hereto and made a part hereof. A & A(B) & A -2 (B) a portion of Commonly known as: APN: 258 - 130 -54 -00 /Vacant Land, Encinitas, CA 92040 Dated: June 18 2004 Richard F mpbell Trust -7 Richard F. Campbell, Trus e Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Dated:�h� /c? �� The City of ci s, a u pal C po 4in By: Its: 0 1q-y A97 /_J67 Aj 6, STATE OF CALIFORNIA SS: COUNTY OF }ems `., ,v nml� SQt� Notary Public, f e On \ b IF 1 •tidec�ee) to be the person(l) whose names) is /are- personally appeared a basis -of satisfaEtefy -e it authorized personally known to me ( executed the same in his /herA subscribed to the within instrument and acknowledge signatures} d the instrument the person(s}, or the entity upon behalf of which the d to me that he/ capacity(), and that by his/-hefftht+� personH acted, executed the instrument. WITNESS my hand and official seal. Signature-- t T- RY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE KATHIE OMUNDSON t �f Commission 11329815 < U) NOTARY PUBLIC • CAt IFORNU N [L 1 SAN DIEGO COUNTY A. > I MY COMMISSION EXPIRES NOVEMBER 12, 2005 j�� RECORDING REQUESTED BY Gvr7} Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, P.E. 505 S. Vulcan Ave. Encinitas, CA 92024 APN: 258 - 130 -32 -00 Escrow No: 03201283- 980 -MAU Title No: 03201283 (D) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR01, 2005 DOCUMENT NUMBER 2005- 0169163 GREGORY J. SMITH COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4A9 PM GRANT DEED C C U `� � j I 1 V THE UNDERSIGNED GRANTOR(S) DECLARE(S) '�J DOCUMENTARY TRANSFER TAX IS EXEMPT FROM Documentary Transfer Tax pursuant to R & T Code 11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald Martin and Kay 3. Martin, Husband and Wife hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits, attached hereto and made a part hereof. B & B (B) a t *q off Commonly known as: APN #258 -130? - %0 acant Land, Encinitas, CA 92040 Dated: dune 18 2004 i�04 Ronald Martin Acceptance Kay J. Martin This is to certify that the interest in real property conveyed by this Grant Deed from Ronald Martin and Kay J. Martin, husband and wife, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Dated: .� �!S OS The Ci f inita , a icipa/Ic or tion By: Its: na ry rrA.)6 -1 u r,=-/L STATE OF CALIFORNIA SS: COUNTY OF < n D Lf G On n e-- Q QQQ before me, y S� Notary Public, personally appeared 55� personally known to me ( to be the person(s) whose name(s)-+3/are subscribed to the within instrument and acknowledged to me that trefshe /they executed the same in- hiTHter /their authorized capacity(ies), and that by- -tli&f Itheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature- �-L- FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE KATHIE OMUNDSON i Commission 14329815 < NOTARY PUBLIC - CALIFORNIA °, SAN DIEGO COUNTY MY COMMISSION EXPIRES j °� MOO NOVEMBEP �!'�` EXMBIT B (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258 - 130 -32 BEING THOSE PORTIONS OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL l: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00 033'05" WEST 211.07 FEET" FOR A PORTION OF THE EASTERLY RIGHT OF WAY LINE FOR QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID TERMINUS ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 180.00 FEET; THENCE NORTHERLY 4.02 FEET ALONG SAID CURVE AND SAID EASTERLY LINE - THROUGH A CENTRAL ANGLE OF 1 016'43" TO THE TRUE POINT OF BEGINNING; A RADIAL THROUGH SAID TRUE POINT OF BEGINNING BEARS NORTH 89 016'22 WEST; THENCE CONTINUING NORTHERLY 84.25 FEET ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 26 049'00" TO A POINT OF CUSP WITH A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 431.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 70 018'25 WEST; THENCE SOUTHERLY 83.61 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 006'54" TO THE TRUE POINT OF COMMENCEMENT.. CONTAINING AN AREA OF 161 SQUARE FEET, MORE OR LESS. PARCEL 2: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE' SHOWN AS BEING "NORTH 03031'05" EAST 46.47 FEET ", AS SHOWN ON RECORD OF SURVEY NO. 12683 AS `FILED IN THE OFFICE OF THE COUN'T'Y RECORDER OF SAID COUNTY OF SAN DIEGO, SAID TERMINUS ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE SAID RIGHT -OF -WAY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 620.00 FEET, A RADIAL LINE THROUGH SAID TERMINUS BEARS SOUTH 79 020'23" EAST; THENCE SOUTHWESTERLY 26.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2027'5" TO A POINT OF' CUSP WITH A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 529.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH Page 1 of 2 APN: 258- 130 -32 R:\.SURVEY\ANNA\SANDIEGO\QUAILGARD\258-130-32-DOIC e 71 033'43" EAST; THENCE NORTHEASTERLY 16.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °43'58" TO A' POINT ON THAT CERTAIN ; THENCE COURSE DESCRIBED ABOVE AS "NORTH ALONG SAID COURSE TO THE 'POINT OF 03 031'05", EAST NORTH 03031'05" EAST 10.87 FEET COMMENCEMENT. CONTAINING AN AREA OF 19 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 4955 DATE: EXPIRES: 12131/05 Page 2 of 2 APN: 258430 -32 R:\SURV EY�ANN A' SANDIEGONQUAILGARD\238- 13G- 32.DOC 4A W BEAT *t J V * 7. L' F—K N INTS I cs b � EXHIBIT B (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES 1M PARCEL 2 ON READ WORORMATIONE PER R OF S MAP NO. 12683, RECORDED MAY 10, 1990. R --529' LAND =' ANNA M. BEAL o J Expiax 12/31/05 *_ P.L.S. 4955 its PROP ROW / $ R= 529.00' / L =16.D0• N88'057TW 15.33' ZETA A NTIS IT 1.� WE / o �:a i DENOTES AREA TO BE DEDICATED 0 TO GTY OF ENCUM FOR ROAD AND HEMY PURPOSES. ` AREA PARCEL 1: 161 S0. FT.� AREA PARCEL 2: 19 S4 FT. f C] TO CRY OF ENC>HM FOR TEIWORARY W TSiRUC110N PURPOSE. AREA PARCEL 3: 158 S0. FT. AREA PARCEL 4: 1,224 SO. FT. f PARCEL 1 �^1N BIT&�i 2001 EAST FIRST STREET 4 RC cp / SIALE r v /x•1'16.43' 'O R- 180.00' PROP ROW L =4.02' / / PARCEL 1 O A 12' ESMT TO WE S.D.GAC FOR POLE UIE, UNDER- GRO.. CONOURS PER DOC. REC. ' 3/27/58 IN BK 7011/129, & 3/27/58 IN 8K 7011 /119, U.00 W052TW 118.36'+ 9.35' DETAIL "B" NTS SANTA ANA, CA. 92705 REVaD 5/21/03 (714) 568 -7300 P \" VEY\ AMA\swacoo \ouAtaARoW*o \ouKauronMc SHEET 2 OF 2 SHEETS EXHIBIT B (B) t �� s/ RIGHT OF 'WAY FOR PUBLIC STREET PURPOSES R! p QDEN00 AREA TO BE DEDICATED r ' Q1 r NNiS( TO CITY OF ENaNiTAS FOR ROAD 1533' AND HK�IWAY PURPOSES. AREA PARCEL 1: 161 SQ. FT. -t rry I �� " AREA PARCEL 2 19 SQ. FT• f c'J o PAR r r TGE �j DENOTES AREA TO u�C'!TE�TIPORARY C _ J To CITY OF PURPOSES. /$ AREA PARCEL 3: 158 SQ. FT. -i AREA PARCEL 4: 1,224 SQ. FT. DIIAENSiONS SINOWN HEREON ARE BASED PROP ROW ON RECORD WORWTION PER R OF S MAP Gj r g NO. 12683. RECORDED MAY 10, 1990. vicauTy i� / �qs/ �1 A STS �' `'' rr EXIST E-LY RUM! aro P O AN ESMT TO THE S.D.GAf 0°+' FOR ANCHOR POLE K NPOSES / N64 07'2g'w PER DOC. REC. 11/21/51 / 3.72 OK 297/3�44, O.R. a LOC. �•r �� d,. O A IT ESMT TO THE S.D. &E FOR POLE L , tMOR GRD' / 1 y CONDWS PER g�2 N 8KD7 11/129. & J, /I b ! N r ' Q 3 � i tb a, 7b 2()Ol FIRST SANTA EAST ANA, CA 9270 �I (714) 568 -7300 LAND CD LAINA M. SEAL -' 12/31/05 ON SHEET 2 }S. 4955 ev PARCEL 1 � � of c0L'.\ At NW0529I'W 143.14 P: ��A�gp�UKCJIRD�D 'M��OUtALGAfO]DMG N 2 ON SHEET N SCALE 1' -40 O Q- 4'39'3T R- 620.00' L- 50.43' Q =501'13' © R- 534.00' L- 46.79• 3 W W W 1 OF 2 SHEETS ASSESSORS PARCEL NO.: 258 - 130 -32 REVISED 5/21/03 OWNER: RONALD MARTIN RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: 258- 130 -46 Escrow No: 03201283- 980 -MAU Title No: 03201283 (E) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01 2005 DOCUMENT NUMBER 2005- 0169162 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME, 4:49 PM Sp GRANT DEED U v Vfl V I THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS exempt from Documentary Transfer Tax Pursuant to R & T Code # 11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald Martin and Kay 3. Martin, Husband and Wife hereby GRANT(S) to The City of Encinitas, A Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits, attached hereto and made a part hereof. C & C (B) a portion of Commonly known as: APN #258 - 130 -46 -00 Vacant Land, Encinitas, CA 92040 Dated: June 18 2004 t i Ronald Martin Kay J. Marti � Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Ronald Martin and Kay J. Martin, husband and wife, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer.. % Dated: 2 /// 25� The 4fE as a M cip Cop ration BY: Its: LJ,, Y-y STATE OF CALIFORNIA COUNTY OF (Q before Qrrl0nl� _SD r) Notary Public, personally appeared r r to be the person(s) whose name(s) is /are personally known to me subscribed to the within instrument and acknowledged to me that heist; /they executed o he entity I upon behalf of which the capacity(ies), and that by- k�+cF�e+- /their signature(s) on the instrument the person(s), ty1 P person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatune K � FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE �s OFT.F KATHIE OMUNDSON Commission 11329815 < N NOTARY PUBLIC - CALIFORNIA 31 jr ° SAN DIEGO COUNTY ? MY COMMISSION EXPIRES C�CIFOnNy� NOVEMBER 12, 2005 EXHIBIT C (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258- 130 -46 BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00 033'05" WEST 211.07 FEET" FOR A PORTION OF THE EASTERLY RIGHT OF WAY LINE FOR QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE SOUTH 00 °33'05" EAST 132.47 FEET ALONG SAID EASTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 033'05" EAST 50.68 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 71 027'06" WEST; THENCE SOUTHEASTERLY 69.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 022'07" TO THE NORTHWESTERLY LINE OF OLD COUNTY ROAD SURVEY NO. 40 AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE NORTH 60 °44'44" EAST 5.92 FEET ALONG SAID NORTHWESTERLY LINE TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 431.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 64 056'02" WEST; THENCE NORTHWESTERLY 116.02 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 025'23" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 836 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: SUq`F. ANNA M. BEAL, P.L.S. 4955 ' EXPIRES: 12/3 1/01 0 493-F O OF CAL Page I of 1 APN:258- 130 -46rev RASU RV Y\ANN A\SA NDIEGO\QU AILG A RD\25 8- 1 30-46R EV. DOC T j EXHIBIT C (B) P.O.C. / RIGHT OF RAY FOR PUBLIC STREET PURPOSES �L / N8S05'2TW 143.14 m HTLY LINE OLD COUNTY ROAD SURVEY NO. 40 scu N, ) t 8 SEE DETATI. 'A" A AN ESI(f TO THE COUNTY OF / HEREON O SAN DIEGO FOR PUBLIC ROAD z lam+ $ PURPOSES REC. 8/24/67 AS as z t FILE NO. 128398, O.R. W ; t PROP. ROW Ap 20' t �>k w O NI E W TO THE S.O.G.&L �C N FOR POLE LINE, UNDER GRO. CONDUITS PER DOC, REC. i t ► t � 11� _ �,� = 3/27/58 IN BK 7011/129, & too 29' I 1009 ETY ROW \ 3/2 /58 R 7011/119, � t 4`' °� NW05'2TW + P.O.C. `r # 0.71' ► A4 y� ^t tt LAND tt c`O `rG� 0.88' � 1 t T.P.O.C. ,s» NW057TW ANNA M. REAL E*ox 12/31/0.5 143.14 1 N 3 ' P.L.S. 4955 � I N _ 1 t tb- Zn �Tf OF CAA a I D05T. E'LY ROW N �1C�°'' ► i P.O.C. tt 48 l^ PROP. Row ► t '� R =180.00' L =3.77' cw - RAD. R -180' R +�,► i°'- I�kd / DENS AREA TO BE DEDIGITED vicm Y IIAP '� \A �~ �?'�' .ANDHIHIGHWAY PURPOSES- AREA: ROAD AREA: 836 SO. FT. f t�uc�w\ \ • ►��.0'Oti DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S VAP N0. 12683, RECORDED MAY 10. 1990. REVISED 5/21 /03 SHET:T 1 OF 2 SHEETS 2001 EAST FIRST STREET ASSESSORS PARCEL N0. 258—IN"46 SANTA ANA. CA. 92705 OWNER. RONALD MARTIN (714) 568 -7300 P: WM' k'( �' W�A�SAPDEGO�OUALCJJtD�P •�'�a�CARD.DrIf. SEE DETAIL "A' I � T� EXHIBIT C B J P.O.C. ON SHEET i TEMPORARY CONSTRUCTION EASEMENT N ( 59.89' 'v scup 1• -400 }� t z t W r PROP. ROW �to 1 29'W 143.14 � I � 20' n� 'W t �VIC I EXIST E'LY ROW r 0 2' ` ti NBT22'47' E J LR �k .r, �' 4a.ar N W ca I. I m r 2 C14 40 DIMENSIONS SHOWN HEREON ARE BASED 3 ON RECORD INFORMATION PER R OF S NAP c NO. Mal RECORDED MAY 10, 1990. EXIST. CLY ROW P.O.C. 1� R= 180.00' L =3J7 a RAO. Ra180' \ gz c 7\' a� `\ , \A 4 VICIIdITY 1[AP �f �BLVD lit us; I A/ qw� of i4 •r.� r 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 PROP. ROW Ln U W LAI N W WILY LINE OLD COUNTY ROAD 3JRVEY NO. 40 �A AN ESW TO THE COUNTY OF SAN DIEGO FOR MU ROAD PURPOSES REC. 8/24/67 AS FILE NO. 12a398, O.R. OB AN E W TO THE S.D.GAEE. FOR POLE LINE. UNDER GRD. CONDUITS PER DOC. REC. 3/27/58 IN EIK 7011/129, A 3/27/58 W EIK 7011 /119, BOTH OF OR. LAND J ANNA M. BEAL bpi-ex 12/31 /05 4955 OF CA-VVF y� SED 5/21 /03 SHEET 2 OF 2 SHEETS !X L/ P SSE 6 WNER: RONALD MARTIN F-. \SURW \AMNA\sa+"0o \QU -(;A -Vna \OMGA m.rnw 93' lFGEd4 . ' -11 . 9 f E �:] DENOTES F E TO EIS FOR ROAD ROAD AND HIGHWAY PURPOSES. "ar',►r' AREA 836 SO. FT. I TOLE DE?J M AREA TD BE DEDICATED TOCONTSTSTR OF PURPOSES. 4,872 SO. FT. 5 X- X- AMk- f y� SED 5/21 /03 SHEET 2 OF 2 SHEETS !X L/ P SSE 6 WNER: RONALD MARTIN F-. \SURW \AMNA\sa+"0o \QU -(;A -Vna \OMGA m.rnw RECORDING REQUESTED BY Commonwealth Land Title Company 9>WHEN RECORDED MAIL THIS DOCUMENT C /AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: #257- 020 -25 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (A) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01, 2005 DOCUMENT NUMBER 2005- 0169166 GREGORY J SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4A9 PM SF GRANT DEED ! r_ U l �-{ ivi THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Is Exiempt from Documentary Transfer Tax Pursuant to R & T Code #11922 Exemo_ t from RPM °rding Fee P �rsuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to The City of Encinitas, A Municipal Corporation the following described real property in the City of Encinitas County of San Diego, State of California: See Exhibits • attached hereto and made a part hereof. D & D (B) a portion of Commonly known as: APN: #257 - 020 -25 -00 Vacant Land, Encinitas, CA 92040 Dated: )une 16 2004 Cam -Mar Grow rs, a General Partnership B: Ronald Martin. , general partner B C" Kay J. Martin ,t general partner Acceptance rty conveyed by this Grand Deed, from This is to certify that the interest inlreal pr paccepted by he undersigned on behalf of the City of Encinitas General Partnership to theCity of Encinitas, Y pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorize officer.. n ita The City o , a nicip C ration Dated By: Its: 0, T'y E14'c-7 /IV r�� STATE OF CALIFORNIA COUNTY OF \Pan eqD } SS: On c lu 1t Q a , aOO before me, Q r l�i `\ J m U � Notary Public, personally appeared personally known to me ( ) to be the person(s) whose name(s) i4are subscribed to the within Instrument and acknowledged to me that he/40,e/they executed the same in k�s{ /their authorized capacity(ies), and that by -higf+ /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �}� Signature 't9 - - �— FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE ` 4S6PLOF KATHIE OMUNDSON Commission #1329815 < (r i m NOTARY PUBLIC - CALIFORNIA :0 ' ° SAN OIEGO COUNTY ^ My COMMISSION EXPIRES A � M_�yNOVEMBER 12, 2005 EXHIBIT D (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 257-020-25 BEING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST. QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 2 056'06" EAST 132.16 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10, SOUTH 88 021'52" EAST 17.33 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 4 051'23" EAST 101.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3029.00 FEET; THENCE NORTHERLY 103.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °5,7'58 "; THENCE NORTH 2 053'25" EAT 389 FEET SOUTH LINE OF OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE OUTHEAST QUARTER; THENCE WEST ALONG SAID SOUTH LINE NORTH 88 °30'08" WEST 22.41 FEET TO SAID WESTERLY LINE; THENCE SOUTH 2 056'06" WEST 244.39 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 5,079 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: I ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/05 Pagc 3 of 3 APN 257 -020.25 R. \ SURVEYXANNAISANDIEGO\QAUILGARD\DWG\257 -020- 25 -DOC EXHIBIT D (B) J I I a RIGHT OF WAY FOR PUBLIC STREET PURPOSES BLVD X.qE • _5 t 1 o a rx Mw t SOUTH UNE NORTH 274.00'+ 1 9.17' SEI /4, SW1 /4, SEI /4 °+Wt� t1tYU SEC. 10 MINTTY MAP: N88'30'O8'W nu 22.41' 353.11' a 39.20 A 1 c 9.00' W � •i N 1 1 O 2 o L'i ' , H � N88'2 � 1 W �t 1 , V 1 � iL N88'T1'S SE 1 4 2001 EAST FIRST STREET SANTA ANA. CA. 92705 (714) 568 -7300 W W N �n lay J 2f W W 5125' J N r 1 S49'2 W r° I ,' N z `�o'36'W w 46-51` �. 1'52*W SOUTH 11NE SEC. 10 rw 330.70' �►�044. IEM DENOTES AREA M BE DEDICATED Q TO CITY OF ENCINTTAS FOR ROAD AND HK;IWAY PURPOSES, 5,079 SO. FT. + DENOTES AREA TO BE DEDICATED C TO CITY OF ENCINTTAS FOR TDAPORARY CONSTRUCTION PURPOSES. 4,751 SO. FT. f 281.86' 353.09' 431.76 ANNA Y. BEAL E*- 12MAX P.LS. 4955 , DUENSIONS SHOWN HEREON ARE BASED SHEET 1 OF 2 SHEETS ON RECORD INFORMATION PER R OF S YAP N0. 12683, RECORDED MAY 10 1990. ASSESSORS PARCEL NO.: 257- 020 -25 THE SOUTH LINE' OF SECTION 1b BEINC N8S21'52'W REySp; 5/21 /03 EDITH CAMPBELL pn n Cl W �� JJ w z� 78.72' 431.81' W I4 N h T29 661.34' ►: \suRWy\AMA\SAkVKOO \ouxcuoWWO\,D +atT EXHIBIT D (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES i �Wp�y N DIMERMNS SHOWN HEREON ARE MSEI) _ ON REM INFOWT10N PER R OF S WP j =�^ NORTH LINE SE 1/4, SW 1/4, N0, 12683, RECORDED hUY 10 1990. SE 1 4 SEC. 10 N THE SOUTH LINE OF SECTION Sb BEING / fiT.S NW21'52'w SGLE � DETAIL "Alt I i 42' j ANNA M. BEAL � ` EV— 12,/M/M qI I A i j b It I P.LS 4955 I I cn I o j i � CF CALF,•' ' t Z 1 O Z L I I I w d l � pti ��I 33. �Q a g' q p I -21 SOUTH LME NORTH 274.00' �k � z \o � i � SE1 /4, SW114, SE1 /4 SEC. 10 G � a A ci C� I �k' 1k W /i ' Viol fl = I I ! to © R la00-00 0.34 I of �? 16.16' I' I 0� 661.34 1984.05' I �f Nsa2rsrw � I I� P4c� v�a� a a� a� o� av !¢, {:q SE 1/4, SW 1/4, g Z SE 1/4' SEC. t0 ' I i Inl W , al I �. t j N I� s�$ox 1 j w SEC. 10 j I Nov w� � W �I1 l rA SANTA ANA. CAL 9270E5 (714) 568 -7300 I p�' SE 1/4. SW 1/4, SE 1 /4, SEC. 10 DETAIL eLw vs Ycm �� KM SHEET 2 OF 2 SHEETS ASSESSORS pfd NO.: 257 - 020 -21,25 do 258- 130-10 OWNER: EDITH CAWBELL - , WJW&-e� MA \SAWMOO \WALGAIW\OMO\E"40T RECORDING REQUESTED BY Commonwealth Land Title Company 7G WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: The City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, California 92024 -3633 APN: #257- 020 -21 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (B) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01, 2005 DOCUMENT NUMBER 2005- 0169164 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME, 4'.49 PM Spa GRANT DEED u h I VI THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS exempt from Documentary Transfer Tax Pursuant to R & T Code #11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits attached hereto and made a part hereof. E & E (B) a portion of Commonly known as: APN #257-020 -21 -00 / Vacant Land, Encinitas, CA 92040 Dated: June 18 2004 Cam-1 r Grower , General Partn rship o Ronald Martin, general partner Kay J. Mart n , general partner Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas Pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Date: Z/3�45 The Ci f E vita , a ici I tration .2 By: Its: �l ➢'y' %/uC� //V�`L�i2. STATE OF CALIFORNIAT SS: COUNTY OF �a n f) l — k�(Q {h before me, h— Notary Public, On l i f� 1 f1 r 1 �.^ personally appeared ) to be the persons) whose nameshoriare personally known to me (or —cued to°� they executed the same in- h+s>e� /their authorized subscribed to the within instrument and acknowledged to me that t1e�e/ capacity(ies), and that by hi5i /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha� d and official seal. FOR NOTARY SEAL OR STA MAIL TAX STATEMENTS AS DIRECTED ABOVE 4SE'L OF r KATHIE OMUNDSON .�7 Commission $1329815 < NOTARY PUBLIC CAUFORNU w SAN DIEGO COUNTY A > MY COMMISSION EXPIRES T ; - NOVEMBER 12. 2005 1 EXHIBIT E (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 257- 020 -21 BEING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 2 056'06" EAST 132.16 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION, SOUTH 88 021'52" EAST 17.33 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 4 051'23" WEST 6.64 FEET; THENCE NORTH 85 008'37" WEST 1.00 FEET; THENCE SOUTH 4 °51'23" WEST 125.75 FEET TO THE SOU'T'HERLY LINE OF SAID SECTION 10; 'THENCE NORTH 88 °11'52" WEST 11.89 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,870 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: 1 ; ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/01 Page 2 of 3 APN: 257-020 -21 RLSU R V E`M. NN A\S AN DEIGO\QU A I LG AR DAD W GU57 -020 -21. DOC Ewa. u3k 14m 4M 1 O t 33S */L 3s 't/1 AS ' t/ l 3S ,£sr 1S3m 3Nn lsv3 CA ' O 0. a a a L� w W� F� w� Q r1 �aa jag In 3 R W fa zq�l zo Z�= VN I 3.17.LS.ZN N fr M1 f f ! f ie. aAMa sx$a"D zivab I amsoaoxa �t NM L +- -►ll £6Z t (£L£ 'S'd v WE 'ON -d mON3 W Sd) `3S ZN aAiva suaauf) riivnb rb usm MS I 3S W MA N0 �< r� 0 r N4op� F^ _ n CN N N 1 N N J lei ! W o © i N N W� aL =GA1 = < at' aAMa sx$a"D zivab I amsoaoxa �t NM L +- -►ll £6Z t (£L£ 'S'd v WE 'ON -d mON3 W Sd) `3S ZN aAiva suaauf) riivnb rb usm MS I 3S W MA pa WO fi o LNNd Ln m <� N0 �< r� 0 r N4op� F^ _ n CN N N 1 N J N W N W� d = < at' pa WO fi o LNNd Ln m <� N0 �< r� 0 r N4op� F^ _ n d r� 0 r (V V1v d RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: # 258 -130 -1 0 Escrow No: 03201283- 980 -MAU Title No: 03201283 (C) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01, 2005 DOCUMENT NUMBER 2005 - 0169165 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4:49 PM Spa GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Exempt from Documentary Transfer Tax Pursuant to R & T Code # 11922 Exemptfrom Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, A General Partnership hereby GRANT(S) to The City of of Encinitas, a Municipal Corporation, the following described real property in the City of Encinitas County of San Diego, State of California: See Exhibits' attached hereto and made a part hereof. F & F (B) a portion of Commonly known as: APN: # 258 - 130— JOVacant Land, Encinitas, CA 92040 Dated: June 18, 2004 Can -Mar Growers, a General Partnership Ronald Martin , general partner Kay J. t4artiv qeneral nartner Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer Dated: / 5 /rn% s The Cit E nit , a nici I c r ration 8y: Its: el y-y 1cyG /N FF/2_ � STATE OF CALIFORNIA C� } SS: COUNTY OF 5C1 � � 12G\Z� - �(�� before me I i� m U + ` i "�On Notary Public, On Lit of °� ;-t 1 K) �! personally appeared - ) to be the person(s) whose name(s) 4iWare personally known to me they executed the same in+iq{4ff /their authorized subscribed to the within instrument and acknowledged to me that_4efs7ie/ or the entity upon behalf of which the capacity(ies), and that by his�/their signature(s) on the instrument the person(s), person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature = FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE y �SEp.LOFTy� KATHIE OMUNDSON N o Commission 11329815 < NOTARY PUBLIC - CALIFORNIA N °, SAN DIEGO COUNTY A > MY COMMISSION EXPIRES NOVEMBER 12.2005 EX HIBIT F (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258-130-10 BEING THAT PORTION OF THE NORTH 2 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNTIED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 88 321'52" EAST 11.89 FEET ALONG THE NORTHERLY LINE'OF SAID NORTHEAST QUARTER; THENCE SOUTH 4 °51'23" WEST 81.58 FEET; THENCE SOUTH 85 008'37" EAST 3.99 FE'E'T; THENCE SOUTH 4 °51'23" WEST 26.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1968.00 FEET; THENCE SOUTHERLY 23.96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 °41'51" TO THE SOUTHERLY LINE OF SAID NORTH 2 ACRES; THENCE NORTH 88 °21'52" WEST 8.83 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID NORTH 2 ACRES; THENCE NORTH 1 °43'26" EAST 131.68� ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,293 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: .&� - S /`�o3 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 Page 1 of 3 APN: 253 - 130 -10 R:ISURVEY ANNA\SANDIEGO\QUAR.GARDIDWOU5g- 130- 10.DOC1 Li 7 \ i� N 8 T o g N � a r � N _ � b 'b m U E I �r, I El a° �2 L fT w N �s N tN0 rn ��OQQQ N f.l � N J� CT © O pa X w .o .c g t rn. U -s; m V-1- �b ? N1'19'34'E 131.68' t4W 1/4, NE 1/4 SEC. 15 N1'29'3 *E 13 ";5 1 cm C% I �I N( o I � I l a. r. 4 pd H 0 t b �-3 #1 d b �MM I�+ O En N757'11'E o 132.17' EXIST. j QUAIL GARDENS DRIVE (PER ROS 11683 k RS, 373) 8 PROPOSED UE D9& J DENS D WEST LK NE 1/4, -� ON W. 4) W 1A NE 1/4 SEC. 15 L1?Rf-2000.W _ X3'41' _?g_�� N4'S1'13•E > - - - - - - - -x.12 N' 215E 447.22' � i N N N1'43'25 E ^�-' 131. ' N J O U N4'51'23' E 8158' N4 S 1'23E 123 05' Li 7 \ i� N 8 T o g N � a r � N _ � b 'b m U E I �r, I El a° �2 L fT w N �s N tN0 rn ��OQQQ N f.l � N J� CT © O pa X w .o .c g t rn. U -s; m V-1- �b ? N1'19'34'E 131.68' t4W 1/4, NE 1/4 SEC. 15 N1'29'3 *E 13 ";5 1 cm C% I �I N( o I � I l a. r. 4 pd H 0 t b �-3 #1 d b �MM I�+ O En N757'11'E o 132.17' i . SCALE k T.S QP-4 oA A o 0 EXHIBIT F (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES t DIME1t"S SHOWN HEREON ARE MSED ON RECORD INFOR1A11ON PER R OF S WP "- NO. 12683, RECORDED WAY 10 1990. } zl HE so L Cf10N K OF SE 1b DEW I J I V „ !�;! DETAIL A „ i . , --I .N �I cr t i r clo” xo' rn ; 120' I li �' ' t N I 0.34• � ' 1 16.16• i I NBE21 WW 1984.05' 19 � � I AIh SE 1/4, SW 1/4, I W ig CQ SE 1/4, SEC. 10 -ki "' I I t 1 �1 NORTH LWE SE 1/4, SW 1/4, SE 1/4 SEC. 10 I NINA W. BEAL (' : Ewk_ IZA105 II ?� P.LS. 49555 #'1 CF I H g� 4 SM�1I� 4 �k 5E1/4 SEC. 10 0 cr ! W C', 03 Z R- 3000.00 I o� 040 (; f/ SEE DETAIL HEREON a 1 I v� d9��lm 2t , 417 cn La N 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 368 -7300 2645.39' SE 1/4, SW T14, SE 1/4, SEC. 10 DETAIL � pro LIIJCJiD1A � � � . 4 l 1s SEC, i Nmr u / °'D KTS SHEET 2 OF 2 SHEETS RCEL NO.: 257- 020 -21,25 Ik 258- 130-10 CAMPBELL P: \ suRWr \AMA\SANM= \GUALGAW\pwo\C*xKT t _ II�G ECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: 258 - 130 -73 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (G) THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01. 2005 DOCUMENT NUMBER 2005- 0169167 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME. 4'49 PM Spac GRANT DEED I V THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Exempt from Documentary Transfer Tax Pursuant to R & T Code # 119922 Exempt from Recording Fee pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits attached hereto and made a part hereof. G & G(B) a portion of Commonly known as: APN: #258- 130 -73 -00 /Vacant Land, Encinitas, CA 92040 Dated: June 18 2004 Cam -Mar Growe s A Gene al Partnership Ronald Martin j, general partner By. / � Generl partner Kay]. Ma inC, q a Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. The City E nit s, uni pal poratlon By: Its: e 1 7-Y r•(Ji5;,I AJ rr cz STATE OF CALIFORNIA COUNTY OF 6(,n : -eac) } SS: On �i a oL �� b fore me, +h I fl 1 0 personally appeared I 1 Notary Public, Personally known to me ) to be the Person(s) whose name(sJ- are subscribed to the within instrument and acknowledged to me t 9 that- +refs4e /they executed the same in trisfher /their authorized capacity(ies), and that by 4i,, t /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatures FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE 0" KATHIE OMUNDSON e Cornmission 81329815 < Q = NOTARY PUBLIC • CALIFORNIA :0 ] ° SAN DIEGO COUNTY a 1 MY COMMISSION EXPIRES V �r "�ANr NOVEMBER c)OS EXHIBIT G (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258-130-73 BEING THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, TING TO OFU��I STA'IES COUNTY GO 0 DIEGO, STATE OF CALIFORNIA, SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: FEET OF COMMENCING AT THE SOUTHWEST EID TO RIO CHARD COAMPTBiLIY AS RECORDED THE LAND DESCRIBED IN THE D NOVEMBER 9, 1964, SERIES 5, BOOK 1964 AS FILE NO. 203960 OF OFFICIAL RECORDS, SAID 145.00 FEET BEING MEASURED ALONG THE WESTERLY LINE OF SAID LAND TO RICHARD CAMPBELL: THENCE SOUTH 8821'52" EAST 4.58 FEET ALONG THE SOUTHERLY LINE OF SAID NORTHERLY 145.00 FEET; THENCE SOUTH 100832" WEST 83.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 529.00 FEET; THENCE SOITI'HERLY 81.37 FEET ALONG SAID CURVE THROUGH O y TO RICHARD CAMPBELL; TO THENCE WE LINE OF SAID LAND NORTH 1 043'26" EAST 164.44 FEET ALONG SAID WESTERLY LINE TO THE POINT OF COMMENCEMENT. CONTAINING AN AREA OF 721 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 Page IofI A PN: 258-130-73 R:\S U R V Ey\ANN A\S AND IEGO\QUAILG ARD\D W G\2""3D- 73.DOC op- VPND �C�' Mil+U1 ldt. 6EJ�1- op 1Z' j 14M 4 OF C . NORTH LINE SEC. 15 EXHIBIT G (B) Nw 1 RIGHT OF WAY FOR PUBLIC STREET PURPOSES o NN COP, NE 144, NW 1/4, 5LC. 15 N M o h = N88'21'52'W 302-12' scxF 1• -50 8 SOUTH LINE NORTH 2 ACRES ;° W NE 1/4, NW 1/4, NE 1/4 SEC. 15 N!W-LY US LAND o: 28 to RES 5, BOOK v P.O.C. r 103960, OR .r i N88'21'5YW II 309. 4.58' q n E OFF � A z rn W PRISED E1 /Z, NW1 /4, NE1 /4 Lkj W 20' z A W A — _ OF $ z WEST SEC 14• FU NO. 203960, O.R. � a► i go: n PER DEED REC, 8f13/64 147672, 1964, AS FILE NO. cp ?9• r r 1 OQ LAND ANNA M REAL DIMENSIONS SHOWN HEREON ARE BASED Exo7° 'xAM ON RECORD INFORMATION PER R OF S MAP P.LS. 4955 ,Q NO. 12683 RECORDED MAY 10, 1990. �f THE SOIJf}� LINE OF SECTION 10 BEING �F a ° NW21.57W ``' aF C''L /h F-2 �• L0d01°' � lES�4Q °p+as DENOTES AREA TO BE DEDICATED VICINITY Q TO CITY OF ENCINITAS FOR ROAD KTM AND HIGHWAY PURPOSES. RLNgD 5/21/ 03 721 SO. FT. SHEET 1 OF 1 SHEETS 2001 EAST RRST STREET SANTA ANA, CA. 92705 rLS5ES50RS PARCEL NO.: 258- 130 -73 (714) 565 -7300 OWNE-k EDTM CAMPBELL �) RECORDING REQUESTED BY / AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 01. 2005 DOCUMENT NUMBER 2005 - 0169170 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 4 49 PM (space above this fine for Recorder's use) Exempt from Recording Fee Exempt from Documentary r s Pursuant to Government Code § 6163 Pursuant to C T4 k)RM SIGHT DISTANCE EASEMENT DEED Assessor Parcel Number(s): 258 - 130 -54 [ ] All [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dustin Campbell, Trustee of the Richard F. Campbell Trust, the undersigned, herein designated GRANTORS) owner(s) of the hereinafter described lands, for a valuable consideration, the receipt of which is hereby acknowledged, hereby GRANT and CONVEY to THE CITY OF ENCINITAS, hereinafter called GRANTEE, a perpetual "Sight Distance" easement to maintain proper vehicular sight distance over, upon and across that certain real property, in the County of San Diego, State of California, described as follows: SEE LEGAL DESCRIPTION IN EXHIBIT "A -1" AND DEPICTION IN EXHIBIT A -1 "B ", ATTACHED HERETO AND BY THIS REFERENCE. a) Grantor also grants for itself and its successors and assigns the coright ry or he purpose eof this easement• land and remove or trim any vegetation or other b) Grantor covenants and agrees for itself and its successors and. assigns not to construct any structure or plant any vegetation within the sight distance easement. c) The granting of this easement is for the purpose ofhcontrolling � subject and may be used. by the gemneral public. Distance" easement and does not authorize or imply d) Grantee its successors'and assigns shall maintain the easement area free of visual obstructions in perpetuity. / 2005. Dated this QZ day of B IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this Z Z''�day of eJf JCA, . _ 2005. Dustin Campbell Owner STATE OF CALIFORNIA ) SS. COUNTY OF S a'1 ) On r —` � before me, 6 616 &ell (Name and Title of Officer) personally appeared L"nkV)n n. PfR M' , Cevr,nt,v ❑ personally known to me - or - Nroved to me on the basis of satisfactory evidence to be the persons) -whose name() is/sr&subscribed to the within instrument and acknowledged to me that he /sl3�executed the same in his/4e+/ keir-authorized capacity�e , and that by his /her4heir signature(,} on the instrument the person(s)-, or the entity upon behalf of which the person(.&) acted, executed the instrument. WITNESS my hand and official seal. . DESIREE HARLAN Signature of Notary Public comm. #1147=9 (� NOTARYPUBUCCAUFORMA m SAN DEW C.OUWY � ""C°""` Ell "' FvbmWX2= j ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf 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. a (1, 0,-" - - Peter Cota- Robles, P.E. Director of Engineering Services City of Encinitas EXHIBIT A -1 (LEGAL DESCRIPTION) SIGHT DISTANCE EASEMENT PARCEL NO. 258- 130 -54 PAR_ CEL 1' BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN UNTY OF SAN BERNARDINO BASE AND MERIDIAN, O OF UNITI?D STATESOGO DIEGO, STATE OF CALIFORNIA, ACCORDING SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMII`1CING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID THE OFFICE SECTION AS SHOWN ON RECORD OF COUNTY RECORDER OF SURVEY MAP NO. 12683 AS FILED SAID COUNTY OF SAN DIEGO; THENCE NORTH 1 056'23" EAST 480.00 FEET TO THE M. SOUTHWEST CORNER OF THE LAND � OIZDID DESCRIBED 'EMBER 1,1934 IN B010'K�320. WILSON AND MARIET'T'A WILSON AS PAGE 350 OF OFFICIAL RECORDS IN THE O�TC'ETO A NON-TANGENT RECORDER; THE URVE ENCE SOUTH 88 °05'29" EAST A RADIAL LINE CONCAVE EASTERLY HAVING A RADIUS OF 220.00 FEET, ALSO BEING THROUGH SAID POINT BEARS SOUTH 89 041'20" WEST, . THE WESTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY NO. 12683, ANGEENNTN ON T CURVE CONCAVE IN WEST 33.72 FEET TO A POT ON A N SOUTHEASTERLY HAVING A RADIUS OF THENCE NO EASTERLY 0116.23 SAID POINT BEARS NORTH 79 11 27 ANGLE OF 15 °03'59 "; THENCE FEET ALONG SAID CURVE THROUGH A CENTRAI- NORTH 25 052'32" EAST 33.28 FEET TO THE TRUE POINT BEGINNING; TTHEN� CONTINUING ALONG SAID LINE NORTH 25052'3T' LY HAVING A RADIUS OF BEGINNING OF A CURVE CONCAVE NORTHWESTERLY 468.00 FEET; THENCE NORTHEASTERLY 21.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2 °35' 18" �'iARASRE RECORDED NOVEMBER THE LAND IN DESCRIBED IN THE DEED TO MABEL BOOK 1552, PAGE 359 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTH 88 005'29" EAST 7•Y I� SOUTH 23 45ro12' WEST SOUTHERLY •74 FEET TO THE LEAVING SAID SOUIT3ERI- TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 717 SQUARE FEET, MORE OR LESS. Revised Dccemba 19, 2002 Page 1 of 2 APN: 258. 130-54 P;LSURV EY\ANNA\SANDIEGO\QUTALGARD\DWGVSB -130- 54.DOC PREPARED BY ME OR UNDER MY SUPERVISION: S��a3 /2• I ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 No, 40Z �F C Revised December 19.2002 Page 2 of 2 APN: 259- 130-54 P:\ SURVE- AANNAZANDIFM\QUTAI.GARD\DWOMB- 130- 54.DOC iD p P 00 9l 'fs� En PQ O G+ O a z P4 � N to O v x N V � W � Z O a N aWPO h Q � N s 8/ f� 00 M C14 so a � J <g � � N t a g .SZ fl£ St OB 3SL9UN t/l 3N 39111A Sb'ltZ � f lIZ M SUM Am ISOC3 -MOt! dOSd V yN - O Q o �R E3 �o oso = r �o n v►a �v v�+ ,pp M 3,U&N-lN j city Of Encinitas December 11, 2003 Michael & Melinda Helbock 201 Lindsey Lane Encinitas, CA 92024 RE: Settlement Agreement & Mutual Release Dear Mr. & Mrs. Helbock: Attached please find a complete copy of the executed Settlement Agreement and Mutual Release for your keeping. In order to implement Section 5 of the Agreement, Linda Bartz, Attorney for the City of Encinitas will be contacting you and your lenders to obtain a Subordination Agreement to cancel, terminate and extinguish all liens, leaseholds and encumbrances on City acquired portion of the land. Linda Bartz will also contact you and the County to implement Section 6 of the Agreement, which involves the tax exemption for the City acquired portion of the land. We ask for your cooperation under the Agreement, Sections 5, 6 and 17. J Under Section 8, Notices of the Agreement, Notices should be sent to the following addresses: CITY CA of Enicnitas PROPETY OWNERS CA-,, Michael & Melinda Helbock Attn: Greg Shields, Engineering Department '201 Lindsey Lane 505 South Vulcan Ave in' as, CA 92024 Encinitas, CA 92024 760- 942 -1212 760 - 633 -2636 Linda Bartz may be contacted at 619 237 -5137. In the event of any questions, please feel free to contact me at 760 - 633 -2778. Melinda, I am attaching the "corrected" documents for the Temporary Easement and for the Sight Distance Easement. As you can see, the changes are a) correcting your name on the Temporary Easement and b) the addition of the phrase "and its successors and assigns" to paragraphs a and d of the Sight Distance Easement. After you sign and notarize these please call me and I will come pick them up and have them recorded. Sincerely,_ Greg Shields Sr. Civil Engineering GS:jcc TEL 760 -633 -2600 1 FAX 760- 633 -2627 505 S. Vulcan Avenue, Encinitas, California 92024 -3633 TDD 760 - 633 -2700 � recycled paper SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS AGREEMENT is made and entered into as of June 12, 2003, by and between Michael Helbock and Melinda J. Helbock (sometimes collectively referred to as the "PROPERTY OWNERS ") and the CITY OF ENCINITAS ( "CITY "); PROPERTY OWNERS and CITY are sometimes each referred to as "Party" and collectively referred to as "Parties ") in recognition of the following: A. PROPERTY OWNERS are the owners of an approximately 0.343 acre parcel (APN 258- 420 -04) located adjacent to the west side of Quail Gardens Drive north of Encinitas Boulevard in the City of Encinitas, commonly known as 201 Lindsey Lane. B. CITY is undertaking road and related improvements that require acquisition of portions of properties on both sides of Quail Gardens Drive north of Encinitas Boulevard ( "CITY's PROJECT ") as shown in CITY plans 0038 -SI dated April 22, 2003, and needs to acquire right -of -way for public road purposes in fee, a slope easement, a sight distance easement and a temporary construction easement from the PROPERTY OWNERS. C. CITY and PROPERTY OWNERS have reached an agreement with respect to the CITY's acquisition of the PROPERTY OWNERS' property, in exchange for CITY increasing the side and back yard level area and CITY's installation of improvements on the property. NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration as set out in this Settlement Agreement and Mutual Release ( "Settlement Agreement" or "Agreement "), the Parties agree as follows: 1. The above recitals are true and correct. 2. CITY shall acquire right -of -way for public road purposes in fee, a slope easement, a sight distance easement and a temporary construction easement from the portions of APN 258- 420 -04 as more particularly described in Exhibits "A ", "B ", "C" and "D" attached hereto. 3. CITY and PROPERTY OWNERS agree that the acquisition of the portions of the property is for public purposes and use. 4. Upon the execution of this Agreement, CITY shall acquire the interests described in Exhibits "A ", "B ", "C" and "D ", attached hereto which are portions of Assessors Parcel Nos. 258- 420 -04. As part of the CITY'S contract to reconstruct Quail Gardens Drive, the city shall include a retaining wall that shall result in the increase of the PROPERTY OWNERS' level side and back yard areas to an area of approximately 1,209 square feet as depicted on the attached Exhibit "E ". The area of the above mentioned right -of way needed by the CITY is approximately 1,384 square feet. The difference in the taking and the expansion is 175 square feet. CITY will make every effort to increase the area of PROPERTY OWNERS side and back yard to equal the amount of taking at the time of construction, if reasonably possible. The CITY will coordinate with the construction contractor at the time of construction to increase, if reasonably possible, the projected amount of expansion to equal that of the taking. As long as CITY makes reasonable effort to create an expansion equal to the taking, PROPERTY OWNER agrees to accept the 1209 square feet expansion as referenced above as a full, final, and complete exchange. CITY and PROPERTY OWNER acknowledge that the expansion area will be limited by that area which can be reasonably created through the use of a maximum height wall of eight (8) feet along the 2:1 slope as illustrated in exhibit "E ". 5. The above described property exchange and improvements described in plans 0038 -SI for the PROPERTY OWNERS constitutes the full and final Just Compensation for taking of right -of -way and easements by the CITY the portions of said Assessor Parcel Nos. 258- 420 -04 and extinguishes all of the PROPERTY OWNERS' damages, interest, attorneys' fees, and any other claim which could have been made in this action, including any damage to PROPERTY OWNERS remainder property. Said exchange and construction as hereinabove specified shall terminate, cancel and extinguish all liens, leaseholds, and encumbrances of whatsoever nature on the real property to be acquired. 6. PROPERTY OWNERS shall insure all property taxes are current on the properties and that CITY shall not be responsible for payment of any property taxes, current or delinquent, or any interest or penalties. 7. CITY agrees to provide the following services and facilities for the benefit of the PROPERTY OWNER (unless otherwise indicated) with regard to their property: a. Install and maintain any and all stonnwater pollution facilities and techniques required for CITY's PROJECT. b. Provide at least two business days written notice of any required removal of plants (which will be removed by City's contractor) within the area to be graded or partially graded as part of CITY's PROJECT. C. Install and maintain the parkway, the retaining walls, and any CITY landscaped area(s) in front of two (2) lower retaining walls. The PROPERTY OWNERS retain the maintenance responsibility. of the upper most retaining wall and the slope from the uppermost retaining wall to the next lower wall upon completion of the CITY's PROJECT, see Exhibit "E ". d. The uppermost retaining wall to be constructed on the PROPERTY OWNERS' property at the end of the extended area of the back and side yards shall be a sound wall of concrete and plexiglass, as shown in Exhibit "E ". e. Replace or repair any irrigation systems that are removed or destroyed on any part of the slope and in the PROPERTY OWNERS' back and side yard during construction with like irrigation systems or irrigation systems that are necessary to provide adequate water to the landscaped areas. f. Construction shall be done during the business hours of 8 a.m. to 5.p.m. Monday through Friday. No construction on PROPERTY OWNERS property shall be done before or after these hours or on weekends. g. The slopes that will be created by the City with the taking will be a 2:1 ratio and will not exceed 2:1. 3 8. Notices. h. An inventory of the plants and trees at the PROPERTY OWNERS' current exterior wall in their back and side yards will made and the plants and trees will be removed and re- planted or they will be replaced with like plants and trees at the new sound wall with a 180 day warranty. The trees and plants that will be destroyed that are currently on the slope at the back of the exterior wall will be replaced with like trees and plants. i. City is responsible for any individual who enters upon the construction portion of PROPERTY OWNERS' land during the construction of PROPERTY OWNERS' portion of CITY'S PROJECT. City will hold harmless, indemnify and defend PROPERTY OWNERS for any injury that occurs on their property to any person working for the City while working on the PROPERTY OWNERS' portion of the project. a. Notice by Certified Mail. All notices herein provided to be given, or which may be given by any Party to the others shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: ii. Any or all of said addresses may be changed at any time by written notice given by the Party involved to all other Parties as hereinabove provided. b. Notice by Personal Service: Nothing herein contained shall preclude the giving of any such notice by personal service. 9. Mutual Release. a. PROPERTY OWNERS, individually as to their respective properties and on behalf of themselves and their past and present agents, partners, associates, owners, stockholders, subsidiaries, affiliates, directors, officers, employees, predecessors, successors, heirs, assigns, representatives, attorneys, and all persons acting by, through, under, or in concert with PROPERTY M OWNERS, hereby release and forever discharge CITY, and its past and present agents, partners, associates, owners, stockholders, subsidiaries, affiliates, directors, officers, employees, predecessors, successors, heirs, assigns, representatives, attorneys, and all persons acting by, through, under, or in concert with CITY from any and all claims, liabilities, demands, obligations causes of action, damages, losses, costs, and expenses, of any nature whatsoever, known or unknown, fixed or contingent, existing as of the date hereof which are set forth in, arise out of, result from, or relate in any way to the CITY's acquisition of the portions of the Assessor Parcel Numbers covered by this Settlement Agreement and the City's project. b. CITY, on behalf of itself and its past and present agents, partners, associates, owners, stockholders, subsidiaries, affiliates, directors, officers, employees, predecessors, successors, heirs, assigns, representatives, attorneys, and all persons acting by, through, under, or in concert with CITY, hereby releases and forever discharges PROPERTY OWNERS, and their past and present agents, partners, associates, owners, stockholders, subsidiaries, affiliates, directors, officers, employees, predecessors, successors, heirs, assigns, representatives, attorneys, and all persons acting by, through, under, or in concert with PROPERTY OWNERS, individually as to their respective properties, from any and all claims, liabilities, demands, obligations, causes of action, damages, losses, costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, existing as of the date hereof which are set forth in, arise out of, result from, or relate in any way to the CITY's acquisition of the portions of the Assessor Parcel Numbers covered by this Settlement Agreement and the city's proj ect. c. Anything in this Section 9 to the contrary notwithstanding, no Party releases any other Party from any liability arising from non - performance or breach of the terms and conditions of this Settlement Agreement. 10. Waiver of Section 1542. It is expressly understood and agreed that all rights under section 1542 of the Civil Code of California are hereby waived with respect to all claims of each 5 of the Parties hereto, upon or against the other, except as to a breach hereunder. Said section reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The Parties hereto understand and acknowledge the significance and consequences of such specific waiver of section 1542 and hereby assume full responsibility for any injuries, damages, losses, or liabilities that may hereafter occur with respect to such claims, whether known or unknown, between the Parties. Anything in this paragraph to the contrary notwithstanding, no Party releases any other Party from any liability arising from non - performance or breach of the terms and conditions of this Settlement Agreement. 11. Mediation of Disputes. If any dispute arises out of this Settlement Agreement, or the breach thereof, and if the dispute cannot be settled through good faith negotiation, the Parties agree before resorting to legal action, to attempt in good faith to settle the dispute through mediation before a mediator to be agreed upon by the Parties. The Parties agree to share equally the cost of mediation fees and to bear their own costs and fees for such mediation. 12. Attorneys' Fees and Costs. In the event that one party incurs expenses, including attorney's fees and costs, in enforcing the provisions of this AGREEMENT, prevailing party shall be entitled to recover from the other party reimbursement for those costs including reasonable attorney's fees. 13. Counterparts and Facsimile Signatures. This Agreement may be executed in counterparts, one by each Party, with the same effect as if each Party had executed the same document. Facsimile signatures shall have the same force and effect as original signatures. 14. Construction. 0 15 16 17 The Parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties and /or their counsel, and that this Agreement shall not be construed in favor of or against any Party by reasons of the extent to which any Party or its counsel or representatives participated in drafting it or any portion of it. Governing Law. This Agreement shall be interpreted and enforced under the laws of the State of California. Entire Agreement. Except as expressly provided herein, this Agreement contains the entire agreement between the Parties relating to the transactions contemplated hereby, and prior or contemporaneous agreements, understandings, or representations and statements, oral or written, are merged herein. No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing and signed by the Parties against whom enforcement of such modification, waiver, amendment, discharge, or change is or may be sought. Further Documents. The Parties agree to execute such other documents as any Party may reasonably require to carry out the purposes of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as follows: CITY OF ENCINIT er, .City Manager APPROVED AS TO FORM: ZX G enn abine, City rney PROPERTY OWNERS �f Michael Helbock 7 elinda J. Helboc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 (Space above this line for Recorder's use) Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code § 6103 Pursuant to R &T Code § 11922 GRANT DEED Assessor Parcel Number(s): 258- 420 -04 [ ] All [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL HELBOCK and MELINDA J. HELBOCK, husband and wife as joint tenants HEREBY GRANTS TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of California described as Parcel 1 in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. IN WITNESS EREOF, the grantor hereto has cause this Grant Deed to be executed as of this day of�'�' 32003. MICHAEL HELBOCK LINDA . HELBOCK Owner Owner EXHIBIT A (1/5) STATE OF CALIFORNIA ) ) SS. COUNTY OF �n �► �� ) On before me, �m ^,�::. i , �o: n a o 91 022 A -1 Pula 1 L– (Name and Title of Officer) personally appeared ; ►_ n" " 1 " �� '�� 1 bS� — , ('personally known to me - or - ❑ 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 lie /they executed the same in hisLk>,er /their authorized capacity(ies), and that by his+er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. AMANDA CMRISTITA WEINDEL Commission 8 1363841 Z Notary Public - Cardomis Z San Diego County May Comm. Expires Jul 5,2M UVAL Signature of Notary Public ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf 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. Dated: / " ' By: Peter Cota- Robles,P.E. Director of Engineering Services City of Encinitas EXHIBIT A (2/5) EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258- 420 -04 PARCEL 1: THAT PORTION OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE EASTERLY LINE OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT OF WAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 730 09'45" EAST; THENCE NORTHERLY 78.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 70 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 810 04'42" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH 58 °14'34" WEST 7.99 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 468.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 77° 04'56" EAST; THENCE LEAVING SAID NORTHEASTERLY LINE AND CONTINUING SOUTHERLY 84.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 022'04" TO A POINT ON THE SOUTHERLY LINE OF SAID LOT; SAID POINT BEING DISTANT NORTH 880 02'55" WEST 15.54 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66'42'52" EAST; THENCE ALONG SAID SOUTHERLY LINE SOUTH 880 02'55" EAST 15.54 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 892 SQ. FT. MORE OR LESS PARCEL 2: EASEMENT FOR SLOPE PURPOSES THAT PORTION OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: Revised December 16, 2002 Page 1 of 2 APN 258- 420 -04 P:\SUR V EY\ANNA \SAND iEGO \QUA ]LGARD \DEG \LOT4. DOC EXHIBIT A /�/�1 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE EASTERLY LINE OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT OF-WAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 730 09'45" EAST; THENCE NORTHERLY 78.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 70 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 810 04'42" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH 58 014'34" WEST 8.21 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 23045'12" WEST 87.61 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88° 02'55" EAST 24.75 FEET TO THE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 DESCRIBED ABOVE. CONTAINING 492 SQ. FT. MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: i2�1� 02 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/01 Revised December 16, 2002 Page 2 of 2 APN 258420 -04 P:\SURVEYWNNA\SANDIEGO\QUAILGARD\DEG\LOT4.DOC ANNA M. BEAU` O J * Exp.1 Z hK d'A�rF No. 485 5 OF C �.► /F EXHIBIT A (4/5) NAT 4 v EXHIBIT B RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL 3 $ O PUBLIC DRAINAGE EASMENT GRANTED TO 141 . CITY OF ENCINITAS PER MAP NO. 13345. IAIT 9 c $^ ' PRIVATE RECIPROCAL ACCESS ESMT. FOR AND EGRESS PER FEE NO. N N ^ �;; J INGRESS 1998- 0089685, O.R. SCALE 1' -eo �i;,y� o PRIVATE DRAINAGE ESMT. GRANTED TO .. CITY OF ENCINITAS PER MAP NO. 13345. ^• / ° r N �w PROPOSED PRIVATE SEWER do WATER ESMT. O 1, AS SHOWN ON MAP NO. 13345. NAT 4 v /' ' DENOTES AREA TO BE DEDICATED PARCEL 3 $ Gp�j, I AND HIGHWAY PURPOSES. AREA PARCEL 1: 892 SO. FT. ± r DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR SLOPE PARCEL 2/ L PURPOSES. .. AREA PARCEL 2: 492 SQ. FT. ± ^• / ° r N �w DENOTES AREA TO BE DEDICATED I TO CITY OF ENCINITAS FOR TEMPORARY . L — -1 L0r 1 W t N 37' 393 SO. FT. ± � ` o Q/ �� N a ° �p�63 o►t .� 1.5 / NINO1 5.74' NI P.O.B. �I 15.54' z N802'55W 1ti .00 :h L0r 3 8401 . -4•W b I AM BEARINGS AND DISTANCES SHOWN HEREON HAVE BEEN ROTATED O'01'OB' CLOCKWISE FROM RECORD DATA PER TR. NO. 90 -209. THE BEARING FOR THE CENTERUNE OF QUAIL GARDENS ROAD IS N753'25E PER R.S. MAP NO.12683. POR, W.1/2, NW 1/4, NE 1/4 SEC. 15 2 = 735'18' R= 468.00 l L =21.14 Q P : \SURVEY\ANNA \SANDIEGO \OUALGARD \DWG \OUAILGARD.DMG ,a R a � �1 PROJECF REVISED 12/13/02 ASSESSORS PARCEL NO.: 258 - 420 -04 OWNER: EXHIBIT A (5/5) FE GEND Ir DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR ROAD AND HIGHWAY PURPOSES. AREA PARCEL 1: 892 SO. FT. ± r DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR SLOPE L PURPOSES. .. AREA PARCEL 2: 492 SQ. FT. ± DENOTES AREA TO BE DEDICATED r TO CITY OF ENCINITAS FOR TEMPORARY 2001 EAST FIRST STREET SANTA ANA, CA. 92705 L — -1 CONSTRUCTION PURPOSES. (714) 568 -7300 393 SO. FT. ± P : \SURVEY\ANNA \SANDIEGO \OUALGARD \DWG \OUAILGARD.DMG ,a R a � �1 PROJECF REVISED 12/13/02 ASSESSORS PARCEL NO.: 258 - 420 -04 OWNER: EXHIBIT A (5/5) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Pursuant to Government Code § 6103 (Space above this line for Recorder's use) Exempt from Documentary Transfer Tax Pursuant to R &T Code § 11922 EASEMENT DEED Assessor Parcel Number(s): 258- 420 -04 [ ] All [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL HELBOCK and MELINDA J. HELBOCK, husband and wife as joint tenants HEREBY GRANTS TO THE CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent easement and right of way to construct, reconstruct, maintain, operate and repair an earth excavation or embankment, slope or slopes, and a storm drain, drains, or drainage, including any or all incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as Parcel 2 as follows: See legal description in Exhibit "A ", and depiction in Exhibit `B ", attached hereto by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above - described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by written permission from the City of Encinitas. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this S � day of �-- , 2003. MICHAEL HELBOCK LINDA 4. E`LBOCK Owner Owner EXHIBIT B (1/5) STATE OF CALIFORNIA ) ) SS. COUNTY OF l eQU ) On be C before me, �vnGn�cx ��Ql nde l Nu O�� Pu i1 �1 -- (Name and Title of Officer) personally appeared (`(�► C�U��► -ti c�C��`� C� ' P--p-*e'rsonally known to me - or - ❑ 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 JIQLs1}e /they executed the same in hi&4ter /their authorized capacity(ies), and that by his+er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal AMANDA CIMiISTITA WEINDEL Commission # 1363841 Z Notary Public - California San Diego County My Comm. Expires Jul S. 2006 Signature of Notary Public ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf 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. Dated: By: Peter Cota- Robles,P.E. Director of Engineering Services City of Encinitas EXHIBIT B (2/5) EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258- 420 -04 PARCEL 1: THAT PORTION OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE EASTERLY LINE OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT OF WAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 730 09'45" EAST; THENCE NORTHERLY 78.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 70 54'57 ". TO THE MOST EASTERLY CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 810 04'42" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH 58 014'34" WEST 7.99 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 468.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 77° 04'56" EAST; THENCE LEAVING SAID NORTHEASTERLY LINE AND CONTINUING SOUTHERLY 84.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 022'04" TO A POINT ON THE SOUTHERLY LINE OF SAID LOT; SAID POINT BEING DISTANT NORTH 880 02'55" WEST 15.54 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66° 42'52" EAST; THENCE ALONG SAID SOUTHERLY LINE SOUTH 880 02'55" EAST 15.54 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 892 SQ. FT. MORE OR LESS PARCEL 2: EASEMENT FOR SLOPE PURPOSES THAT PORTION OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: Revised December 16. 2002 Page 1 of 2 APN 258- 420 -04 P :\SURVEY\ANNA\SANDIEGO \QUAILGARD \DEG \LOT4. DOC EXHIBIT B (3/5) BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE EASTERLY LINE OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT OF WAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 730 09'45" EAST; THENCE NORTHERLY 78.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 70 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 810 04'42" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH 58 014'34" WEST 8.21 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 23045'12" WEST 87.61 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88° 02'55" EAST 24.75 FEET TO THE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 DESCRIBED ABOVE. CONTAINING 492 SQ. FT. MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: �ZI1� d2 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/01 Revised December 16, 2002 Page 2 of 2 APN 258 -420 -04 P:\SUR V EY\ANN A \S ANDIEGO \QUA ILG AR D\DEG\LOT4.DOC .iTANNA M. BEAL ,O ;o * Exp.12 31 -K N o. 4955% iT OF C }y� \fF P EXHIBIT B (4/5) P mo BEARINGS AND DISTANCES SHOWN HEREON HAVE BEEN ROTATED QOl'OB' CLOCKWISE FROM RECORD DATA PER TR. NO. 90 -209. THE BEARING FOR THE CENTERUNE OF QUAIL GARDENS ROAD IS N7537TE PER R.S. MAP NO.12683. r . 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 s A LOR l ,cc ' 37' I Oa N I M'1 ap 5.74' N, Lor 7 10'44•W ® b �i 4r A POR, W.1/2, NW 1/4, NE 1/4 SEC. 15 = 735'18' 3 R= 468.00 L =21.14 4 LEGEND EXHIBIT B RIGHT OF WAY FOR PUBLIC STREET PURPOSES AND HIGHWAY PURPOSES. A O PUBLIC DRAINAGE EASMENT GRANTED TO Wr 3 N N b' u �, 1 SCALE 1 -80 l�;�l 0 �w 0 A CITY OF ENCINITAS PER MAP NO. 13345. PRIVATE RECIPROCAL ACCESS ESMf. FOR INGRESS AND EGRESS PER FILE NO. 1998- 0089685, O.R. PRIVATE DRAINAGE ESMf. GRANTED TO CITY OF ENCINITAS PER MAP NO. 13345. PROPOSED PRIVATE SEWER & WATER ESMT. AS SHOWN ON MAP NO. 13345. P mo BEARINGS AND DISTANCES SHOWN HEREON HAVE BEEN ROTATED QOl'OB' CLOCKWISE FROM RECORD DATA PER TR. NO. 90 -209. THE BEARING FOR THE CENTERUNE OF QUAIL GARDENS ROAD IS N7537TE PER R.S. MAP NO.12683. r . 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 s A LOR l ,cc ' 37' I Oa N I M'1 ap 5.74' N, Lor 7 10'44•W ® b �i 4r A POR, W.1/2, NW 1/4, NE 1/4 SEC. 15 = 735'18' 3 R= 468.00 L =21.14 4 LEGEND DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR ROAD AND HIGHWAY PURPOSES. AREA PARCEL 1: 892 SO. FT. + .. r..� DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR SLOPE L_ PURPOSES. AREA PARCEL 2: 492 SQ. FT. + r DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR TEMPORARY CONSTRUCTION PURPOSES. 393 SO. FT. ± ,L= 0739'49' 0 R= 570.00' L= 96.14' (2) A= 7'54'57' R= 570.00' L= 78.75' A= 01'44'51' © R= 570.00' L= 17.39' 0= BgsG L= 23.41' ® A= 4615'4Y R= 50.00' L= 40.37' ® A= 72'26'50r R= 50.00' L =63.22' 'o ,� BLVD � d PROJECT LOCATION REVISED 12/13/02 ASSESSORS PARCEL NO.: 258 - 420 -04 OWNER: BLVD P: \SURVEY\ANNA\ SAND #EGO \OUALGARD \DWG \OUAILGARD.DWG F_ X H I B I T B (5/5) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 (Space above this line for Recorder's use) Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code § 6103 Pursuant to R &T Code § 11922 SIGHT DISTANCE EASEMENT DEED Assessor Parcel Number(s): 258- 420 -04 [ ] All [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL HELBOCK and MELINDA J. HELBOCK, husband and wife as joint tenants the undersigned, herein designated GRANTOR(S) owner(s) of the hereinafter described lands, for a valuable consideration, the receipt of which is hereby acknowledged, hereby GRANT and CONVEY to THE CITY OF ENCINITAS, hereinafter called GRANTEE, a perpetual "Sight Distance" easement to maintain proper vehicular sight distance over, upon and across that certain real property, in the County of San Diego, State of California, described as follows: SEE LEGAL DESCRIPTION IN EXHIBIT "A" AND DEPICTION IN EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE. a) Grantor also grants the right to Grantee to enter upon the subject land and remove or trim any vegetation or other obstruction contrary to the purpose of this easement. f6- I b) Grantor covenants and agrees for itself and its successors and assigns not to construct any structure or plant any vegetation within the sight distance easement. c) The granting of this easement is for the purpose of controlling the use of the land within the "Sight Distance" easement and does not authorize or imply that subject land may be used by the general public. d) Grantee shall maintain the easement area free of visual obstructions in perpetuity. � �j/(�� -- , Dated this day of 2003. EXHIBIT C (1/4) IN WITNESS WHEREOF the grantor hereto has cause this Grant Deed to be executed as of this S-6 day oR�r , 2003. MICHAEL HELBOCK Owner STATE OF CALIFORNIA ) ) SS. COUNTY OF Jr, � j ) MELIND LBOCK Owner On �)ee.emIhk— ' N ► before me, Ai' a,,&, f ��in _� ts PuW i Ir (Name and Title of Officer) personally appeared (i11AVLeA-*- iii 8AG., Hf JL C I , ❑ personally known to me - or - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)%k/are subscribed to the within instrument and acknowledged to me that lie /she /they executed the same in hie+m /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. WITNESS my hand and official seal. AMANDA CHRISTITA WEINDEL Commission f 13x3641 = i Notary Public - California San Diego County My Comm. Expires Jul 5, 2006 C� 11 ~ Signature of Notary Public ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf 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. 12Z1,3 Peter Cota- Robles,P.E. Director of Engineering Services City of Encinitas EXHIBIT C (2/4) • s EXHIBIT A (LEGAL DESCRIPTION) SIGHT DISTANCE EASEMENT PARCEL NO. 258-420-04 PARCEL 1: THAT PORTION OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 88 002'55" WEST 15.54 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 88 002'55" WEST 7.41 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 23045'12" EAST 78.96 FEET TO THE CUSP OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 468.00 FEET; A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS SOUTH 76 005'34" EAST; THENCE SOUTHWESTERLY 76.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9 022'42" TO THE SOUTHERLY LINE OF SAID LOT AND THE .TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 351 SQ. FT. MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: OR" 121('s o2 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/05 Page 1 of 1 APN 258-420-04 VEY\ P: \SUR VEYW NNA\ SANDIEGO \QUAILGARD\DEG\LOT4.DOC ANNA M. REAL *\O13 .x' Exp. 12 -31 -b 9 * `rT No. 4955 EXHIBIT C (3/4) `p N LOIT 4 PARCEL 1 7.41 LI EXHIBIT B RIGHT OF WAY FOR PUBLIC STREET PURPOSES ro h 12g /-# NSF+ TTAIL. K BEARINGS AND DISTANCES SHOWN HEREON HAVE BEEN ROTATED 1701'08' CLOCKWISE FROM RECORD DATA PER TR. NO. 90 -209. THE BEARING FOR THE CENTERLINE OF QUAIL GARDENS ROAD IS N7537T E PER R.S. MAP NO.12683. r 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 CP 37' I �. LO? 1 cn N I \ n z cr tl►�\ � 2$ Not' wl _ E W 5.74' � z' RID 10l� w {� o N z ® 'I R B L r 4 P C 7.9 , V' SEE DETAIL O c D N88 07 5. IN 11) r O.B /1-, POR, W.1/2, NW 1/4, NE 1/4 SEC. 15 = ?35'18" , R= 468.00 L =21.14 oa a� GN ® PUBLIC DRAINAGE EASMENi GRANTED TO DISTANCE PURPOSES CITY OF ENCINITAS PER MAP NO. 13345. LOf 3 PRIVATE RECIPROCAL ACCESS ESMT. FOR INGRESS AND EGRESS PER FILE NO. 1998 - 0089685, O.R. ZZ) PRIVATE DRAINAGE ESMT GRANTED TO CITY OF ENCINITAS PER MAP NO. 13345. p 051® PROPOSED PRIVATE SEWER do WATER ESMT. AS SHOWN ON MAP NO. 13345. ro h 12g /-# NSF+ TTAIL. K BEARINGS AND DISTANCES SHOWN HEREON HAVE BEEN ROTATED 1701'08' CLOCKWISE FROM RECORD DATA PER TR. NO. 90 -209. THE BEARING FOR THE CENTERLINE OF QUAIL GARDENS ROAD IS N7537T E PER R.S. MAP NO.12683. r 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 CP 37' I �. LO? 1 cn N I \ n z cr tl►�\ � 2$ Not' wl _ E W 5.74' � z' RID 10l� w {� o N z ® 'I R B L r 4 P C 7.9 , V' SEE DETAIL O c D N88 07 5. IN 11) r O.B /1-, POR, W.1/2, NW 1/4, NE 1/4 SEC. 15 = ?35'18" , R= 468.00 L =21.14 oa a� GN DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR SIGHT DISTANCE PURPOSES AREA PARCEL 1: 351 SO. FT. ± A= 0739'49' (D R= 570.00' L= 96.14' Q 0= 754'57 R =570.00' L= 78.75' Q =01'44'51' ® R =570.00' L =17.39' RR =1089 26'fr L =23.41' ® A =4615'42- R= 50.00' L =40.37 ® A =72'26'50' R =50.00' L= 63.22' NAM. BEAL O E ' 4c XP• 1 L -0 _.�._ 5 .J. 0 LEUCJION �f 8 PROJECT LOCATION No. 4955 flf� VICINITY MAP KM BLVD VVA—�S`l s BLVD REVISED 12/13/02 ASSESSORS PARCEL NO.: 258- 420 -04 OWNER: P : \SURVEY\ANNA \SANDIEGO \OUALGARD \DWG \OUAILGARD.DWG EXHIBIT C (4/4) STATE OF CALIFORNIA COUNTY OF ) ) SS.. ��' ^ n 1r, o {' Z Ua before me, On (Name and Title of Officer) personally appeared personally known to me - or - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Is[gre subscribed to the within instrument and acknowledged to me that hqtshmithey executed the same in bis&rx /their authorized capacity(ies), and that by-hi"er /their signatures) on the instrument the person(s), -or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public • ACCEPTANCE AMANDA TTTA Com mission # 1363841 Z Notary Public - Caliiomia Z San Diego County MY comm. Expires Jul 5, 2006 This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf 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. Dated: i By: Peter Cota- Robles,P.E. Director of Engineering Services City of Encinitas • EXHIBIT D (2/4 Yb i-n\,-refs \9544r)rc —ret— alt- 03.dwg 6/10/2003 2:37:02 PM, PST EXHIBIT E (1/3) • FYHIRIT P: /) /QN i• O M � N n D —r- II II Ln O Z 00 ^Z ICCJ p G D O r r FYHIRIT P: /) /QN N 00 p O O I PO coo 16 +95.04 -' BEGIN WALL 1p. -P v , O / O 00 -n -v cn O O m -n / O O ::j v / D Z O z -� g / r �o r CM C O co D Z � r o -i 1 3.5' I 8' AT MAX HT . w o m O O —' z cn / : 1 m x z r (N Z \ � C7 OC �, 00 m 00 -' oo 18 +23.60 co \ END WALL --j CD A OX _0 X i �o o-n x x--- i N CD O o O Ln o FYHIRIT P: /) /QN ^ 0 9 �XA|�|T� /��\ _--._.. ^-`..�/ CLTA STANDARD COVERAGE ISSUED BY POLICY OF TITLE INSURANCE - 1990 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth lil A LANDAMERICA COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear cf all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned on Schedule A by an authorized officer or agent of the Company. Attest: ��ii✓✓ Secretary COMMONWEALTH LAND TITLE INSURANCE COMPANY RW PadIIT(E14, 9 / w � I3y � 0� �Nda EXCLUSIONS FROM COVERAGE President The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2• Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3• Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5• Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. m 1-1111--11 1-- . , ",, ..r„m..-',r,mir --r r.,, rrr ^,_. .��;.:_,� _7-Fi ,T =..i� .. 77: 'u. .L ..�L ....WTw -_. CLTA Standard Coverage Policy - 1990 Page 1 Form 1183 -1 A ORIGINAL Valid only if Schedules A and B and Cover are attached . 11011 POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company SCHEDULE A Policy /File No.: 03201283 Amount of Insurance: $370,000.00 Premium: $1,341.00 Date of Policy: March 1, 2005 at 4:49 p.m. 1. Name of Insured: the City of Encinitas 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE as to Parcel(s) A though G; AN EASEMENT more fully described below as to Parcel(s) H 3. The estate or interest referred to herein is at the Date of Policy vested in: the City of Encinitas, a municipal corporation 4. The land referred to in this policy is situated in the County of San Diego, State of California, and is more particularly described in Exhibit "A" attached hereto and made a part hereof. by: '� 640-04 d' Authorized Signatory CLTA Standard Owners Coverage -1990 Page 1 File No.: 03201283 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Being that portion of the West half of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13, South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Commencing at the Northerly terminus of that certain course shown as being "North 00 °33'05" West 211.07 feet" for a portion of the Easterly right of way line for Quail Gardens Drive, 40.00 feet wide, as shown on Record of Survey No. 12683 as filed in the Office of the County Recorder of said County of San Diego; thence South 00 033'05" East 132.47 feet along said Easterly line to the True Point of Beginning; Thence continuing along said Easterly line South 00 033'05" East 50.68 feet to the beginning of a non - tangent curve concave Northeasterly having a radius of 320.00 feet, a radial line through said point bears South 71 027'06" West; thence Southeasterly 69.08 feet along said curve through a central angle of 12 022'07" to the Northwesterly line of Old County Road Survey No. 40 as shown on said record of survey No. 12683; thence North 60 044'44" East 5.92 feet along said Northwesterly line to the beginning of a non - tangent curve concave Northeasterly having a radius of 431.00 feet, a radial line through said point bears South 64 056'02" West; thence Northwesterly 116.02 along said curve through a central angle of 15 025'23" to the True Point of Beginning. Parcel B: Being those portions of the West half of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described in Parcels as follows: Parcel 1: Commencing at the Northerly terminus of that certain course shown as being "North 00 033'05" West 211.07 feet" for a portion of the Easterly right of way line for Quail Gardens Drive, 40.00 feet wide, as shown on Record of Survey No. 12683 as filed in the Office of the County Recorder of said County of San Diego, said terminus also being the beginning of a tangent curve concave Easterly having a radius of 180.00 feet; thence Northerly 4.02 feet along said curve and said Easterly line through a central angle of 01 016'43" to the True Point of Beginning; a radial through said true point of beginning bears North 89 016'22" West; thence continuing Northerly 84.25 feet along said curve and said Easterly line through a central angle of 26 049'00" to a point of cusp with a non - tangent curve concave Easterly having a radius of 431.00 feet, a radial line through said point bears North 70 018'25" West; thence Southerly 83.61 feet along said curve through a central angle of 11 006'54" to the True Point of Commencement. CLTA Standard Owners Coverage -1990 Page 2 EXHIBIT "A" - Continued Parcel 2: File No.: 03201283 Beginning at the Northerly terminus of that certain course shown as being "North 03 031'05" East 46.47 feet ", as shown on Record of Survey No. 12683 as filed in the Office of the County Recorder of said County of San Diego, said terminus also being on the Easterly right of way line of Quail Gardens Drive, 40.00 feet wide said right -of -way line being a curve concave Northwesterly having a radius of 620.00 feet, a radial line through said terminus bears South 79 020'23" East; thence Southwesterly 26.68 feet along said curve through a central angle of 02 027'55" to a point of cusp with a non - tangent curve concave Northwesterly having a radius of 529.00 feet, a radial line through said point bears South 71 033'43" East; thence Northeasterly 16.00 feet along said curve through a central angle of 01 043'58" to a point on that certain course described above as "North 03 031'05" East 46.67 feet "; thence North 03 031'05" East 10.87 feet along said course to the Point of Commencement. Parcel C: Being that portion of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Beginning at the Southwest corner of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; thence North 02 1156'06" East 132.16 feet along the Westerly line of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; thence along a line parallel with the Southerly line of said Section, South 88 021'52" East 17.33 feet; thence leaving said parallel line, South 04 1151'23" West 6.64 feet; thence North 85 008'37" West 1.00 feet; thence South 04 051'23" West 125.75 feet to the Southerly line of said Section 10; thence North 88 021'52" West 11.89 feet along said Southerly line to the point of beginning. Parcel D: Being that portion of the North 2 acres of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Northwest Quarter of the Northeast Quarter of said Section 15; thence South 88 021'52" East 11.89 feet along the Northerly line of said Northeast Quarter; thence south 04 051'23" West 81.58 feet; thence South 85 008'37" East 3.99 feet; thence South 04 051'23" West 26.11 feet to the beginning of a tangent curve concave Easterly having a radius of 1968.00 feet; thence Southerly 23.96 feet along said curve through a central angle of 00 041'51" to the Southerly line of said North 2 acres; thence North 88 021'52" West 8.83 feet along said Southerly line to the Southwest corner of said North 2 acres; thence North 01 043'26" East 131.68 feet along the Westerly line of said Northeast Quarter of the Northwest Quarter of the Northeast Quarter to the point of beginning. CLTA Standard Owners Coverage -1990 Page 3 EXHIBIT "A" - Continued Parcel E: File No.: 03201283 Being that portion of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; thence North 02 056'06" East 132.16 feet along the Westerly line of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10 to the True Point of Beginning; thence East along a line parallel with the South line of said Section 10, South 88 1121'52" East 17.33 feet; thence leaving said South line North 04 051'23" East 101.80 feet to the beginning of a tangent curve concave Westerly having a radius of 3029.00 feet; thence Northerly 103.94 feet along said curve through a central angle of 01 057'58 "; thence North 02 053'25" East 38.89 feet to the South line of the North 274.00 feet of said Southeast Quarter of the Southwest Quarter of the Southeast Quarter; thence West along said South line North 88 030'08" West 22.41 feet to said Westerly line; thence South 02 056'06" West 244.39 feet along said Westerly line to the true point of beginning. Parcel F: Being that portion of the East half of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Commencing at the Southwest corner of the Northerly 145.00 feet of the land described in the Deed to Richard Campbell as recorded November 9, 1964, Series 5, Book 1964 as File No. 203960 of Official Records, said 145.00 feet being measured along the Westerly line of said land to Richard Campbell; thence South 88 021'52" East 4.58 feet along the Southerly line of said Northerly 145.00 feet; thence South 01 008'32" West 83.34 feet to the beginning of a tangent curve concave Westerly having a radius of 529.00 feet; thence Southerly 81.37 feet along said curve through a central angle of 08 048'48" to the Westerly line of said land conveyed to Richard Campbell; thence North 01 043'26" East 164.44 feet along said Westerly line to the point of commencement. Parcel G: Being that portion of the West half of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 15 as shown on Record of Survey Map No. 12683 as filed in the Office of the County Recorder of said County of San Diego; thence North 01 056'23" East 480.00 feet to the Southwest corner of the land as described in the Deed to Walter M. Wilson and Marietta Wilson as recorded September 1, 1934 in Book 320, Page 350 of Official Records in the Office of said County Recorder; thence South 88 005'29" East 482.80 feet to the True Point of Beginning, said point being on a non - tangent curve concave Easterly having a radius of 220.00 feet, a radial line through said point bears South 89 041'20" West, said curve also CLTA Standard Owners Coverage -1990 Page 4 File No.: 03201283 EXHIBIT "A" - Continued being the Westerly right of way line of Quail Gardens Drive, 40.00 feet wide, as shown on said Record of Survey No. 12683; thence North 88 °05'29" West 33.72 feet to a point on a non - tangent curve concave Southeasterly having a radius of 442.00 feet, a radial line through said point bears North 79 011'27" West; thence Northeasterly 116.23 feet along said curve through a central angle of 15 003'59 "; thence North 25 052'32" East 210.76 feet to the beginning of a curve concave Northwesterly having a radius of 468.00 feet; thence Northeasterly 21.14 feet along said curve through a central angle of 02035'18" to the Southerly line of the land described in the Deed to Mabel O'Hara, recorded November 27, 1928 in Book 1552, Page 359 of Deeds, Records of San Diego County; thence South 88 005'29" East 25.86 feet along said Southerly line to a point on said Westerly line of said Quail Gardens Drive, said point being on a non - tangent curve concave Northwesterly having a radius of 580.00 feet, a radial line through said point bears South 74 003'09" East; thence Southwesterly 141.73 feet along said curve and said Westerly line through a central angle of 14 000'04 "; thence continuing along said Westerly line South 29 056'55" West 89.91 feet to the beginning of a curve concave Southeasterly having a radius of 220.00 feet; thence Southerly 116.19 feet along said curve and said Westerly line through a central angle of 30 °15'35" to the True Point of Beginning. Parcel H: A sight distance easement over, upon and across that portion of the West half of the Northwest Quarter of the Northeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved April 19, 1881, described as follows: Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 15 as shown on Record of Survey Map No. 12683 as filed in the Office of the County Recorder of said County of San Diego; thence North 01 056'23" East 480.00 feet to the Southwest corner of the land as described in the Deed to Walter M. Wilson and Marietta Wilson as recorded September 1, 1934 in Book 320, Page 350 of Official Records in the Office of said County Recorder; thence South 88 005'29" East 482.80 feet to a non - tangent curve concave Easterly having a radius of 220.00 feet, a radial line through said point bears South 89 041'20" West, said curve also being the Westerly right of way line of Quail Gardens Drive, 40.00 feet wide, as shown on said Record of Survey No. 12683; thence North 88 005'29" West 33.72 feet to a point on a non - tangent curve concave Southeasterly having a radius of 442.00 feet, a radial line through said point bears North 79 011'27" West; thence Northeasterly 116.23 feet along said curve through a central angle of 15 003'59 "; thence North 25 052'32" East 33.28 feet to the True Point of Beginning; thence continuing along said line North 25 052'32" East 177.48 feet to the beginning of a curve concave Northwesterly having a radius of 468.00 feet; thence Northeasterly 21.14 feet along said curve through a central angle of 02 035'18" to the Southerly line of the land described in the Deed to Mabel O'Hara, recorded November 27, 1928 in Book 1552, Page 359 of Deeds, Records of San Diego County; thence North 88 005'29" East 7.41 feet along said Southerly line; thence leaving said Southerly line South 23 045'12" West 195.74 feet to the true point of beginning. CLTA Standard Owners Coverage -1990 Page 5 File No.: 03201283 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. END OF SCHEDULE B - PART I CLTA Standard Owners Coverage -1990 Page 6 File No.: 03201283 SCHEDULE B PART II A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien not yet payable. B. Said general and special taxes also secure the payment of assessments under the Bond Improvement Act of 1915. C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Rights of the public to use that portion of said land lying within a street, road, highway or alley. 2. Rights of the public to use that portion of said land lying within the hereinafter named street as it now exists Street Name: Old County Road Survey No. 40 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: November 21, 1951 in Book 4297, Page 344 of Official Records Affects: said land more particularly described therein. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: March 27, 1958, in Book 7011, Page 119 of Official Records Affects: said land more particularly described therein. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: March 27, 1958, in Book 7011, Page 129 of Official Records Affects: said land more particularly described therein. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Dieguito Irrigation District Purpose: Installing, maintaining and repairing a pipeline and all fixtures and appurtenances incidental thereto, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress and egress therefrom Recorded: December 9, 1966 as File No. 192911 of Official Records Affects: said land more particularly described therein. CLTA Standard Owners Coverage -1990 Page 7 File No.: 03201283 SCHEDULE B — PART II Continued 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company Purpose: public utilities, ingress and egress Recorded: June 29, 1967 as File No. 94619 of Official Records Affects: said land more particularly described therein. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of San Diego Purpose: County Highway Recorded: August 24, 1967 as File No. 128398 of Official Records Affects: said land more particularly described therein. Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of San Diego Purpose: privilege and right to extend and maintain drainage structures and excavation and embankment slopes Recorded: February 2, 1978 as File No. 78 -29816 of Official Records Affects: The exact location and /or extent of said easement is not disclosed in the public records. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of San Diego Purpose: right to flood, seep, road and overflow water and incidental purposes Recorded: February 7, 1975 as File No. 75 -29816 of Official Records Affects: The exact location and /or extent of said easement is not disclosed in the public records. 11. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record of Survey Record of Survey No. 12683 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: flood drainage channel and all structures and incidental purposes Recorded: April 20, 1994 as File No. 1994 - 0260278 of Official Records Affects Portions of the herein described land, the exact location of which can be determined by examination of the above - mentioned instrument, which contains a complete legal description of the affected portions of said land. CLTA Standard Owners Coverage -1990 Page 8 File No.: 03201283 SCHEDULE B — PART II Continued 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: drainage pipe and incidental purposes Recorded: May 15, 1996 as File No. 1996 - 246779 of Official Records Affects Portions of the herein described land, the exact location of which can be determined by examination of the above - mentioned instrument, which contains a complete legal description of the affected portions of said land. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: February 4, 2002 as File No. 2002 - 0093230 of Official Records Affects: said land more particularly described therein. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities, ingress and egress Recorded: February 4, 2002 as File No. 2002 - 0093231 of Official Records Affects: said land more particularly described therein. 16. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hazardous Substance Agreement /Certificate Dated: January 10, 2003 Executed by: Sunshine Gardens, Inc.; Kay J. Martin and Ronald M. Martin and Southwest Community Bank Recorded: January 16, 2003 as File No. 2003 - 0057458 of Official Records 17. A Special Tax as disclosed by a "Notice of Special Tax Lien" pursuant to Government Code Section 53328.3 and Streets and Highways code Section 3114.5 Recorded: September 23, 1996 as File No. 1996 - 0482282 of Official Records District Name: Community Facilities District No. 95 -2 of the San Dieguito Union High School District 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: November 26, 1929 in Book 1712, Page 203 of Deeds Affects: said land more particularly described therein. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: in Book 1770, Page 156 of Deeds Affects: said land more particularly described therein. CLTA Standard Owners Coverage -1990 Page 9 SCHEDULE B — PART II File No.: 03201283 Continued 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: August 3, 1976 as File No. 76- 247187 of Official Records Affects: said land more particularly described therein. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: August 31, 1976 as File No. 76- 284442 of Official Records Affects: said land more particularly described therein. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: April 21, 1982 as File No. 82- 112641 of Official Records Affects: said land more particularly described therein. 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Dieguito Irrigation District Purpose: Water pipelines and appurtenances thereto with right if ingress and egress Recorded: August 22, 1925 in Book 1095, Page 451 of Deeds Affects: The exact location and /or extent of said easement is not disclosed in the public records. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: Public utilities, ingress and egress Recorded: February 4, 2002 as File No. 2002 - 0093229 of Official Records Affects: said land more particularly described therein. END OF SCHEDULE B - PART II CLTA Standard Owners Coverage -1990 Page 10 CONDITIONS AND STIPULATIONS - CONTIN'UeD- ' 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of theses Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of (i) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. CLTA Standard Coverage Policy — 1990 Cover Page Form 1183 -3 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. ORIGINAL Valid only if Face Page and Schedules A and B are attached I I Geo�So��ls ��Inc. DATE: TO: FROM: SUBJECT: vk� F, 2002 i L... Geotechnical • Geolo is • E e 5741 Palmer Way • Carlsbad, California 92008 ( 760 )438 -3#55 }8093'%0915 M E M 0 R A N D 1sa� 6 -28 -02 z No. f834 W.O. 3261X-SC � K. Hovnanian, Attn: Mr. Don Jackso Exp. 3 9 Robert Crisman Control of Water Seepage, Out Parcel Encinitas, California. .;y �'ertttieap� �� of Quail Gardens Drive, In accordance with your request, GeoSoils, Inc. (GSI) has observed and evaluated water seepage from a slope area located immediately below an existing greenhouse, and adjacent to the southbound lane of Quail Gardens Drive (approximate stations 53 +30 to 53 +50). The seepage observed appears to be due to the lateral migration of irrigation water, either from the greenhouse, or a broken irrigation line, localized in this area. In order to control water seepage adjacent to Quail Garden Drive Improvements, a subdrain (french drain) is recommended to be constructed parallel to the outer edge of the planned asphalt walkway and discharge into an existing low flow storm drain in the vicinity. The subdrain should consist of a minimum 3 -inch diameter perforated pipe, embedded in gravel (i.e., approx. 2 cubic feet per linear foot) and wrapped in filter fabric (Mirafi 140N, or equivalent). As an alternative, panel drains (Miradrain 6000, or equivalent) could be utilized and installed per manufacturers guidelines. All drainage systems should be outletted via solid pipe, to an approved disposal area (i.e., storm drain). The base of the subdrain should be at least 2 feet below grade. However, actual depth will be dependant on the outlet location and maintaining a minimum fall of at least 1 percent. Flatter gradients, on the order of '/ percent, may be feasible, dependant on the nature of the earth materials exposed in the trench (i.e., trench bottom roughness and accuracy of trench construction). A minimum 6 inches of compacted soil should be placed above the drain. See Figure 1 for a schematic drain detail. The conclusions and recommendations presented are professional opinions. These opinions have been derived in accordance with current standards of practice and no warranty is expressed or implied. Standards of practice are subject to change with time. GSI assumes no responsibility or liability for work, testing or recommendations performed or provided by others. Should you have any questions, please contact this office. Respectfully Submitted, GeoSoils, Inc. Attachment: Figure 1 - Schematic Drain Detail sp C�- I J SHEET OF CALCULATED BY : 9C-C- DATE: G O L CHECKED BY: DATE: RECORDING REQUESTED BY Commonwealth Land Title Company n WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: # 258 -130 -1 0 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (C) Spa GRANT DEED H� ORIGINAL (_Jr TNIS DOCUMEN F WA:. RECORDED ON MAR G1. 2005 Dc)U'�JMtN1 !`jUMBER 2005 - 0169165 G TH COUNTY RLCORDER L ?iE-GO )UN FY RECORDERS GFFICE TIME 449 PM THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Exempt from Documentary Transfer Tax Pursuant to R & T Code #11922 Exemptfrom Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, A General Partnership hereby GRANT(S) to The City of of Encinitas, a Municipal Corporation, the following described real property in the City of Encinitas County of San Diego, State of California: See Exhibif5' attached hereto and made a part hereof. F & F (B) a portion of Commonly known as: APN: # 258 - 130— JOVacant Land, Encinitas, CA 92040 Dated: June 18, 2004 Can -Mar Growers, a General Partnership f By: Wu&� pf1 twct ` Ronald Martin , general partner Acceptance By: �__(/ Z2�!'," Kay J. Martin qe al partner This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Dated: The City &cr ration By: Its: 69! T`7 /C"RJG //L- FF/Z_ STATE OF CALIFORNIA COUNTY OF 5Q IeG�D } SS: On Lk r-" Q Q before me I(%' 0 m 0 1" X1.,5 �rl Notary Public, personally appearedL L,1 1 Ll IV personally known to me ) to be the person(s) whose name(s) - i&/are subscribed to the within instrument and acknowledged to me that- 4e4&4e /they executed the same in4+i+s/their authorized capacity(ies), and that by his/iv-,r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an(d' official seal. Signature=. —)-" FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE j sEPIp °FryF KATHIE OMUNDSON Commission #1329815 < N m NOTARY PUBLIC • CALIFORNIA :1) � ° SAN DIEGO COUNTY A y _ MY COMMISSION EXPIRES NOVEMBER 12, 2005 EXHIBIT F (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258-130-10 BEING THAT PORTION OF THE NORTH 2 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 88 021'52" EAST 11.89 FEET ALONG THE NORTHERLY LINE'OF SAID NORTHEAST QUARTER; THENCE SOUTH 4 °51'23" WEST 81.58 FEET; THENCE SOUTH 85 008'37" EAST 3.99 FEET; THENCE SOUTH 4 °51'23" WEST 26.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1968.00 FEET; THENCE SOUTHERLY 23.96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 041'51" TO THE SOUTHERLY LINE OF SAID NORTH 2 ACRES; THENCE NORTH 88 °21'52" WEST 8.83 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID NORTH 2 ACRES; THENCE NORTH 1 043'26" EAST 131.68� ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,293 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: r!( . WL ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 _ aF Page 1 of 3 APN: 256- 130 -10 R:\SURVEY\ANNA\SANDLEGO\QUAILGARD\DWG\258-130-IO.DOCI EXIST. j QUAIL GARDENS DRIVE A 8 PROPOSED � QUAIL ( ROS 12683 RS. 373) > LGARD ENS D In (sE DEWL WEST UNE NE 1/4 W t-- _4=3'42' 2000, p0� _ =129_65ON SK. 4) NW 1/4, NE 1/4 SEC. 15 N4'51' 06.12 -' N753'25'E - - — ?3'E _ �_ _ N o 407.22' - �_ _ = N1'43'26'E ^ 131.68' EIST X ROW omm __ w N4'51'23'E 81 N451 �E ` T72-3. 05' CD n� cq a C.A C% tn Li on rn z�° F+ �zO z��z � I � ►° o;Z° Z m ZO cC'3 N e rl to n Isis O x •� L i3 � � cl � «�£NsFa `ep � rn f C n M r e m Ln 9 3rd z O }MS ri N f b r� O \ saw 8 U P rC e 0 N1'29'XE 131.68' "N757'21'E EAST LINE NW 1/4, NE 1/4 SEC. 15 N1'29'34E 131.68' EXHIBIT F (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES t ►I/1TC. W DIMENSIONS SHOWN HEREON ARE BASED � J. ON RECORD INFORMATION PER R OF S MAP ' NO. 12683, RECORDED WAY 10 1990. is N THE SOUTH UNE OF SECTION lb BEING N.T.S. N88'11'5f W SCALE DETAIL "A I I chi rnpn i!l� } �� to cz `c �11� I rn iii yQ� Ie� C>r I I z �-o � tnj : I IIa °A c�I ICI E,;Ifa� Wyi I Ell 'r W W is 1].20' = t 0.34' 16.16' i 661.34 N88'21'5T'W 1984.05 F, COR SE 1/4, SW 1/4, W�I g 1!] SE 1/4, SEC. 10 ID I a Ul--Li C-4 I 0; SEE D tA HEREON A4 0 a I Cv SEC. 10 NW21'S2'W�� cV F-1 W g idI I ' I BT& NI 1 � 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 NORTH UNE SE 1/4, SW 1/4, SE 1/4 SEC. 10 AR SE1 /4, SW1 /N4, SE1/44 SEC. 10 4� w v� tih1P =1'57'58' a w Q? O L=102.95' 0 a a c� 265.39' SE 1/4, SW 1/4, SE 1/4, SEC. 10 DETAIL vs a IDCIQpN M VICINITY A1AP N.TS. SHEET 2 OF 2 SHEETS P: \SUR%EY\ ANNA \SANDIECO \OUALCARD\DWG\EXHOT ANNA M. BEAL -' Ey*- 12/31/05 I * P.LS. 4955 I c>F� 3. W N Q�. 4. ' SOUTH UNE AR SE1 /4, SW1 /N4, SE1/44 SEC. 10 4� w v� tih1P =1'57'58' a w Q? O L=102.95' 0 a a c� 265.39' SE 1/4, SW 1/4, SE 1/4, SEC. 10 DETAIL vs a IDCIQpN M VICINITY A1AP N.TS. SHEET 2 OF 2 SHEETS P: \SUR%EY\ ANNA \SANDIECO \OUALCARD\DWG\EXHOT RECORDING REQUESTED BY Commonwealth Land Title Company G ) WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: The City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, California 92024 -3633 APN: #257- 020 -21 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (B) IrtORIG!iIaAL (-)1 THi DUCUMENr JdAS RE(_ OR'i.r'C ON MAR ul 200'3 DOCUMENI N'UJ,IEiEP 2006- 0169164 C i ,E_c;OF;Y J `;MI? Fi A.N DIEGO CUUN 1 Y i ,FC;OF JE�t' it F_'CE TIME 4,49 PM Spa GRANT DEED ' h1v THE UNDERSIGNED GRANTOR(S) DECLARE(S)� DOCUMENTARY TRANSFER TAX IS exempt from Documentary Transfer Tax Pursuant to R & T Code # 11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits attached hereto and made a part hereof. E & E (B) a portion of Commonly known as: APN #257- 020 -21 -00 / Vacant Land, Encinitas, CA 92040 Dated: June 18, 2004 Cam -M r Grower , General Partn rship By:. Ronald Martin, general partner Acceptance C1 Kay J. Mart (n , general partner This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Date: .2 �% �05r The Cit f E nita , a ici I r ration By: - Its: ?l ii V(fr f � STATE OF CALIFORNIA COUNTY OF �Da n h je b } SSA ' J 1, OIn L i G ~) before me, 1-Ka 1 I� �jt'Y� �) S Notary Public, personally appeared Y�'1f� i Yl (� �'1 Q V Y Vi 1 ►'1 personally known to me (or.- pFOVed- to-- m-e- on...the hacic �f caricf��' ��) to be the person(s) whose name(s) -+s /are subscribed to the within instrument and acknowledged to me that *efs#e /they executed the same in- is-%+ /their authorized capacity(ies), and that by eF /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature_�� FOR NOTARY SEAL OR MAIL TAX STATEMENTS AS DIRECTED ABOVE °`'hF KATHIE OMUNDSON �SEAp Commission 111329815 < N ° m NOTARY PUBLIC - CALIFORNIA 17 jr ° SAN DIEGO COUNTY A COMMISSION MY EXPIRES 3 �CIF°RN P NOVEMBER 12, 2005 d EXHIBIT E (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 257-020-21 BEING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 2 056'06" EAST 132.16 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION, SOUTH 88 021'52" EAST 17.33 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 4 051'23" WEST 6.64 FEET; THENCE NORTH 85 °08'37" WEST 1.00 FEET; THENCE SOUTH 4 °51'23" WEST 125.75 FEET TO THE SOUTHERLY LINE OF SAID SECTION 10; THENCE NORTH 88021'52" WEST 11.89 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,870 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: 9� %a3 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/01 Page 2 of 3 APN: 257 -020 -21 RLSUR V EY\ANNA\SANDEIGO \QUAILGARD\D W G\257- 020- 21.DOC LAN y c�'' AhiNA M. e�►t.�o No. 486��' 0'F' GA1 Ol 33S */l 3S '� /l MS 'i/l 3S ,£SF Is3m 3Nn L%3, ca w m 0 a a a � w w w U E—+ MH � w� 0 E'+ x Lh a �m � =o 6N 12 g z $_ `ANN W 0 o Z�� 3.tZ,LS.ZN N n lh ? fig. I W IN W I t° 3 3 n W I(. rn N CR I z cC ,ci I ZN 3t � W ONN CIA HS 33$ �z - H 133 M a �c► Z en r N 'IIVnb '� aasoaoxa 3.co.ts. 91 0 3.90.95 CV v 19L£ 'ON 2l! Q3ON3Nh ad) 3St. aAlxa sxaaaw) 'Ir�nb usaa MS ' 0 1l 3S t An1S1 1 W ct N ~ � GNWU/ fN N Lq�J [L'N I UN�N W 6 m�� a.aM 13 s uj °� D F— < •— WO � G h U on I t W (� � tagj y� N CL. W R o� ]C 1 I 3 I\ N tR T 'O` s ui m a, vi Z � 4 a , W In P5 O CV CV N Im 0 � U M G: . f� << W H � scv 9 / / O Lq�J [L'N Vl MH UN�N W 6 m�� Ln o Cl N 0z uj °� D F— < •— WO � G h U on Li. W In P5 O CV CV N Im 0 � U M G: . f� << W H � scv 9 / / RECORDING REQUESTED BY Commonwealth Land Title Company 9 `,WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: #257- 020 -25 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (A) 1 i'k_ OFiGiN_AL Of 7F115 DOCUMENT spa '. iECUFii�ED ON MAR 01. 200,) D001 %- N l NUMEER 2005- ()169166 ��R�IaOFtY .� �MiTFi t:;OUNTY RECORDER `=:::V G!Eu:� COi_;NT1" RECORDER'�� OrFtGc TIME 4.49 PM SF GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Is Exiempt from Documentary Transfer Tax Pursuant to R & T Code #11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to The City of Encinitas, A Municipal Corporation the following described real property in the City of Encinitas County of San Diego, State of California: See Exhibits. • attached hereto and made a part hereof. a portion of Commonly known as: APN: #257 - 020 -25 -00 Vacant Land, Encinitas, CA 92040 Dated: June 18, 2004 Cam -Mar Grow rs, a General Partnership By: Ronald Martin , general partner Acceptance B l_ Kay J. Ma 'n creneral partner This is to certify that the interest in real property conveyed by this Grand Deed, from Can -Mar Growers, a General Partnership to theCity of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer.. Dated: The City o n ita , a nicip C ration By: Its: 0' STATE OF CALIFORNIA COUNTY OF �ll"1�� tp�j } SS: On 'V u ry-- Q a , ac,0 4 before me, 1"�� r 1 �� m U Notary Public, personally appeared personally known to me ( ) to be the person(s) whose name(s) i 4are subscribed to the within instrument and acknowledged to me that t��/they executed the same in �/their authorized capacity(ies), and that bp— ios{ /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an((d official seal. Signature -)>/ `'1� -- R NOTARY SEAL OR ST, MAIL TAX STATEMENTS AS DIRECTED ABOVE 4 SE aOpTy� KATHIE OMUNDSON Commission 111329815 < ui v 2 : m NOTARY PUBLIC - CALIFORNIA :D r ; ° SAN DIEGO COUNTY In � MY COMMISSION EXPIRES A V �'6 °'N\P NOVEMBER 12, 2005 Y EX HBIT D (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 257-020-25 BEING THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNMED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST. QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 2 056'06" EAST 132.16 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10, SOUTH 88 021'52" EAST 17.33 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 4 051'23" EAST 101.80 .FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3029.00 FEET; THENCE NORTHERLY 103.94 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 057'58 "; THENCE NORTH 2 053'25" EAST 38.89 FEET TO THE SOUTH LINE OF THE NORTH 274.00 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST ALONG SAID SOUTH LINE NORTH 88 °30'08" WEST 22.41 FEET TO SAID WESTERLY LINE; THENCE SOUTH 2 °56'06" WEST 244.39 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 5,079 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: LAND y� S AWNk IuE. B�At. 0 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/05 dj, rim Page 3 of 3 APN 257 -020 -25 R: �SURVEII ANNAISANDMGO\QAUILGARDIDWG\257- 020- 25.DOC 11 1 �I N S"Jx_50 1 �11-? I z� A � 1 co 1 M cr�,-� I 1 d- I I1 \ i � z 1 , Nit W� I �N f1 tV 1 W N I � � 1 EXHIBIT D (B) I I cr RIGHT OF RAY FOR PUBLIC STREET PURPOSES BLVD A A �7 ` I � jo vos z I1 ° Age j rp4m 0 SOUTH LINE NORTH 274.00' lJocam 9.17' SE1 /4, SW1 /4, SEi /4 am qqy�� e SEC. 10 VICINITY MAP: N88'30'08'W firs I �I II 1 i I < I 1 1 I I 1 I 1 Lu 1 .n 1 � 1� 41' ' l W W N � • � M r N V N&74 2YW w I 51.35' , sl.a5' r� N r N S49'22 W J z U7 vi ffI N LNBS08'36'W 46.51 1 l,,t N88'21'5YW SOUTH LINE SEC. 10 N88'21'5YW 5MW 1 4 SEC. 10 DIMENSIONS SHOWN HEREON ARE BASED 1 2001 EAST FIRST STREET ON RECORD INFORMATION PER R OF S MAP OF 2 SHEETS SANTA ANA, CA. 92705 THE 50� LINE OF SSECTITION10b 1BE& ASSESSORS PARCEL NO.: 257 - 020 -25 (714) 568 -7300 NW21'57W REVISED: 5/21/03 EDITH CAMPBELL 330.70' � �' 11cm DENOTES AREA TO BE DEDICATED Q TO CITY OF ENCINITAS FOR ROAD AND HIGHWAY PURPOSES. 5,079 SQ. Fr. I DENOTES AREA TO BE DEDICATED C D TO CITY OF ENCINITAS FOR TEMPORARY CONSTRUCTION PURPOSES. 4,751 SO. FT. -t 281.86' 353.09' 431.76 ANNA M. BEAL E)pt- 12/31/05 P.L.S. 4955 . 353.11' M N w N I N Lo M z Lu W O to 9 X 78.72' 431.81' w N U13 M 229 661.34' P! \S RWY\ ANNA \SANDIECO \WALOARD\DNQ \DHENT EXHIBIT D (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES t mm DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S MAP j I ^I'- N HE SOUTH UNE O�SEMAY N1Ib iBEINNG ' }� z. E NORTH uSEC 01 /4, SW 1/4, SCALE N.T.S. f IM ' a�ear a 0 a °4 a a� DETAIL "A" ; ri q 'R I LAND ( , 1 42' a = ANNA M. BEAT A M ++1 I A I ++I o f r, E*- 12M/05 RLS. 4955 Z N ! I N i z I , '� \i W ,N vfI o �cN i C-4 M � ,a M 1 Win Q? on ,q or a i j o o� �. cr p : =1 SE1/4, WRIM ssEEI /44.00C. 10 C� jwa tea, H 5 54 t I a 0 LAJ 20' I Q0 � A�oti ,Q' u i I �h^ a1'5T5g' 0.34' % Z Q .�.• R =3000.00 16.16' , w �Q L= 102.95' 661.34 1984.05' NW215YW ll� AM OR % I SE 1/4, SW 1/4, W 1I g Z� SE 1 /4, SEC. 10 mom �r�1 W Wit I eLw �^ I a pox vou C/ 1 (v SEC. 10 -No r Pq i� N88621' W��, C R,J �� g � I 1 j 2001 EAST FIRST STREET SANTA ANA. CA. 92705 (714) 568 -7300 26 SE 1/4, SW 1/4 SE 1/4, SEC. 10 DETAIL PNOdBl.T its eLw VICINITY ee KIM SHEET 2 OF 2 SHEETS P: \SLRVEY\ ANNA \SANMGO \OUALCARD\DMC \E)OMBIT lac ECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: 258 - 130 -73 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (G) THE C:}�IGIf AL OF I HI DOCUNAEN1i VVhc F ?EGORDED ON NlAR 01 2005 DOCUMEN -1- NUMBER 2605o169167 GF.cG01 Y J SMi rH C, $JNT)' RECi"_;RDER DIEGO CCUrI i Y RECORDEI OFFICE TIME 4'49 PM Spac GRANT DEED m. M V I THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Exempt from Documentary Transfer Tax Pursuant to R & T Code #119922 Exempt from Recording Fee pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cam -Mar Growers, a General Partnership hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits attached hereto and made a part hereof. G & G (B) a portion of Commonly known as: APN: #258- 130 -73 -00 /Vacant Land, Encinitas, CA 92040 Dated: June 18, 2004 Cam -Mar Growers-, A General Partnership By: _74-J1149 XL By: Ronald Martin , general partner Kay J. Ma; inC', general partner Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized nffircr Dated:_ The City E Init s, uni pal rporation By: JA Its: 1 Ty e, /A.,' Itr/L STATE OF CALIFORNIA COUNTY OF �(hrl 1eO�D } SS: t, On Q Q 00 l b re me, t� l rYl li Y �S� / ) Notary Public, personally appeared u ry-) personally known to me to be the person(s) whose name(s are subscribed to the within instrument and acknowledged to me tl�/they executed the same in trtsytrer /their authorized capacity(ies), and that by h s{.kier /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an/d,' official seal. Signature FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE i PSE "p °fTtiF KATHIE OMUNDSON P Commission 111329815 < Q i NOTARY PUBLIC - CALIFORNIA N > r o ° SAN DIEGO COUNTY A Y P MY COMMISSION EXPIRES A� "a�" NOVEMBER >oo5 EXHIBIT G (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258 - 130 -73 BEING THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHERLY 145.00 FEET OF THE LAND DESCRIBED IN THE DEED TO RICHARD CAMPBELL AS RECORDED NOVEMBER 9, 1964, SERIES 5, BOOK 1964 AS FILE NO. 203960 OF OFFICIAL RECORDS, SAID 145.60 FEET BEING MEASURED ALONG THE WESTERLY LINE OF SAID LAND TO RICHARD CAMPBELL; THENCE SOUTH 88 °21'52" EAST 4.58 FEET ALONG THE SOUTHERLY LINE OF SAID NORTHERLY 145.00 FEET; THENCE SOUTH 1 008'32" WEST 83.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 529.00 FEET; THENCE SOUTHERLY 81.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 048'48" TO THE WESTERLY LINE OF SAID LAND CONVEYED TO RICHARD CAMPBELL; THENCE NORTH 1 043'26" EAST 164.44 FEET ALONG SAID WESTERLY LINE TO THE POINT OF COMMENCEMENT. CONTAINING AN AREA OF 721 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: *1 �y S/21la3 ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 Page i of 1 APN: 258- 130 -73 R:\S U R V EY\ANNA\S AND IEGOIQUAILGARD\D W G\25 8- 130- 73.DOC ZM M. BE NORTH LINE SEC. 15 W pp \V MpN ^ Z 1 � 8 0 I � 28' b P.Q.C. I i 1! pn 1� \ _ L 29' � I A W M 20' w A W � a z3� Clia � 29, i 1 8 � �ppp N v N ti + hw 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 n 00 J EXHIBIT G (B) +88'21' RIGHT OF WAY FOR PUBLIC STREET PURPOSES NW COR. NE 1/4, NW 1 A. SOUTH LINE NORTH 2 ACRES NE 1/4, NW 1/4, NE 1/4 SEC. 15 \ MEAS. LINE kONGN WKLY LINE OF THE PROPOSED E1 /2, NW1 /4, NE1 /4 )I k. 302.1 NW'LY CDR OF CAMBELVS LAND REC. 11/9/64 SEPoES 5, BOOK ! N 1964 AS FILE N0. 203960, O.R. = PER DEED REC PER BK. 1964, 147672, O.R. DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S MAP TH0O101BE LINE SECTION MAY 10, �s N8B'21'5rW LEGENQ DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR ROAD AND HIGHWAY PURPOSES. 721 SO. FT. ± 314.47' UA ANNA M. BEAL Ex&m 12/31/05 P.LS. 4955 M o+ 3 Z I PFACI I l=m K7.1 � MAP REVISED 5/21/03 SHEET 1 OF 1 SHEETS ASSESSORS PARCEL NO.: 258 - 130 -73 OWNER: EDITH CAMPBELL P: \SURVEY\ NNE \SANMr- O \QUALGA D\DM \0uAa0Al0.Dwc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 Exempt from Recording Fee Pursuant to Government Code § 6103 SIGHT DISTANCE Assessor Parcel Number(s): 258 - 130 -54 1 r1E ORIGINAL,)= THIS DUCUMEN l WAS RECORDED CAN MAR O1. 2005 DOCUMEM NUMBER 21)05- 0169170 C;REGORY.i_ �.DMI T H COUNTY RECORDER _SAN DIEGO COUNT Y RECOf=1D�;_- OFFICE TIME. 449 PM (Space above this line for Recorder's use) Exempt from Documentary ra s hga» Pursuant to C 9? EASEMENT DEED [ ] All [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dustin Campbell, Trustee of the Richard F. Campbell Trust, al the undersigned, herein designated GRANTOR(S) owner(s) of the hereinafter described lands, for a valuable consideration, the receipt of which is hereby acknowledged, hereby GRANT and CONVEY to THE CITY OF ENCINITAS, hereinafter called GRANTEE, a perpetual "Sight Distance" easement to maintain proper vehicular sight distance over, upon and across that certain real property, in the County of San Diego, State of California, described as follows: SEE LEGAL DESCRIPTION IN EXHIBIT "A -1" AND DEPICTION IN EXHIBIT A -1 "B ", ATTACHED HERETO AND BY THIS REFERENCE. a) Grantor also grants for itself and its successors and assigns the right to Grantee to enter upon the subject land and remove or trim any vegetation or other obstruction contrary to the purpose of this easement. b) Grantor covenants and agrees for itself and its successors and assigns not to construct any structure or plant any vegetation within the sight distance easement. c) The granting of this easement is for the purpose of controlling the use of the land within the "Sight Distance" easement and does not authorize or imply that subject land may be used by the general public. d) Grantee its successors and assigns shall maintain the easement area free of visual obstructions in perpetuity. Dated this day of Ke brJ 2005. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this '12- A�day of 1e £JCA.. 2005. Dustin Campbell Owner STATE OF CALIFORNIA ) SS. COUNTY OF Se'y1 �Ui �� ) On before me, 60t Al Le'n, (9,,L L (Name and Title of Officer) personally appeared � '\u personally known to me - or - proved to me on the basis of satisfactory evidence to be the person4 )L whose name(} is/af-&subscribed to the within instrument and acknowledged to me that he /she4h4ay executed the same in his /4@f ' wthorized capacity( 04,, and that by his /herA+te4 signatures} 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. U ,... DESIREE HARLAN Signature of Notary Public COMM. #1472808 n (� NOTARY PUBUC- MFORNIA � In SAN DIEGO COUNTY a My Comm. E- OmsFebug20.2MB ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf 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. ,n Peter Cota - Robles, P.E. Director of Engineering Services City of Encinitas EXHIBIT A -1 (LEGAL DESCRIPTION) SIGHT DISTANCE EASEMENT PARCEL NO. 258-130-54 PAR_ CEL 1' BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINI'TAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COM 0ENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15 AS SHOWN ON RECORD OF SURVEY MAP NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE NORTH 1 °56'23" EAST 480.00 FEET TO THE SOUTHWEST CORNER OF THE LAND AS DESCRIBED IN THE DEED TO WALTER M. WILSON AND MARIETTA WILSON AS RECORDED SEPTEMBER 1, 1934 IN BOOK 320, PAGE 350 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 88 005'29" EAST 482.80 FEET TO A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89 041'20" WEST, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE NORTH 88 005'29" WEST 33.72 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 442.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 79 011'27" WEST; THENCE NORTHEASTERLY 116.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 003'59 "; THENCE NORTH 25 052'32" EAST 33.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 25 052'32" EAST 177.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 468.00 FEET; THENCE NORTHEASTERLY 21.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2035'18" TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO MABEL O'HARA, RECORDED NOVEMBER 27, 1928 IN BOOK 1552, PAGE 359 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE NORTH 88 005'29" EAST 7.41 FEET ALONG SAID SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 23045'12" WEST 195.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 717 SQUARE FEET, MORE OR LESS- Revised December 19, 2002 Page 1 of 2 APN: 258 - 130 -54 P:\SURV EY\ ANNA \SANDIEGO \QUTALGARD\DWG\258 - 130- 54.DOC PREPA�LM BY ME OR UNDER MY SUPERVISION: I ANNA M. BEAL, P.L.S. 4955 DATE EXPIRES: 12/31/05 Revised December 19, 2002 Page 2 of 2 APN: 258 - 130 -54 P:\SURVEY\ANNA\SANDIEGO\QUIALGARD\DWG\258-130-54.DOC / M. emu. 01 Na opc mS iV g N H D Z46 ti N 2 r Z d r N � cV Z N N \ Z 0 a N N C7 SCUT St 33S */1 3N 3Nn A1A O v M Mpg 5 O M .Al- mS iV g N H D Z46 ti N 2 r Z d r N � cV Z N N \ Z 0 a N N C7 SCUT St 33S */1 3N 3Nn A1A O v M Mpg 5 O M a $ a M W pry a :3s E- rn '�- .961 V N 911.7 `-ry -0£ �C% ,S6' � L -MO2J •n"p� sIzja0 it 'C 1SIX� �- PL4 C 1� w -r,.=Aoa ao8a N �g� o Q� x ``y° a mS iV g N H D Z46 ti N 2 r Z d r N � cV Z N N \ Z 0 a N N C7 SCUT St 33S */1 3N 3Nn A1A O v M Mpg 5 s :3s '�- .961 V MSO_T.00N 911.7 `-ry -0£ �C% ,S6' � L -MO2J •n"p� sIzja0 it 'C 1SIX� �- -r,.=Aoa ao8a Q� ``y° c-4 0. us IN O eyyp t<� mC Z �mC �W� ri �d C R a WW U CF? 25 n os a NzW a coi _ �o n ►' o s IOR b ,° <n J N2 m W � rn S C J cq cn 3 N 0 .00'OBr 3,CZ.99.IN L) 3SUGA N s } 2G IIECORDING REQUESTED BY - /Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: 258 - 130 -54 -00 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (F) Spai GRANT DEED THE ORIGINAL OF THI'c, DOCUMENT RECORDED CAN MAR G, 2i105 DACUMEN T NUMBER 2 ,)05- 0169169 C FC;OFtY J ;� "I I hl CoijN -i f RECOHDER Are rrEC;c, sou ^rrr s;ECCk;r�tRS OFr c� TIME 4 49 PM THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS Exempt from Documentary Tax Pursuant to R & T Code #11922 Exemptio from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard F. Campbell, Trustee of the Richard F. Campbell Trust hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibita attached hereto and made a part hereof. A & A (B) & A -2 (B) a portion of Commonly known as: APN: 258 - 130 -54 -00 /Vacant Land, Encinitas, CA 92040 Dated: June 18 2004 Richard F mpbell Trust Richard F. Campbell, I rusyee Acceptance This is to certify that the interest in real property conveyed by this Grant Deed, from Can -Mar Growers, a General Partnership, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. / Dated: Z/ ©Sr The City of ci s, a u pal C po ti n By: Its: 0,7-1-/ &'A.) /, )C- 'Ar/'L STATE OF CALIFORNIA } COUNTY OF ��(%�n SS: On ;z3 k- \rv- aQ I aoc) - , befor e, *h I� -'ry -'c) Notary Public, personally appeared R- kEir -OL - Lk m-k be I r personally known to me ( t�On-the- basis- of- satisfac- teFy- evkieneO to be the person( whose namefq) Is /are- subscribed to the within instrument and acknowledged to me that he /skl► executed the same in his /her{-&I authorized capacity(ies), and that by his eiF signatures} on the instrument the person( -4, or the entity upon behalf of which the personH acted, executed the instrument. WITNESS my hand and official seal. Signature---:�-<'�. FOR NOTARY SEAL OR STA MAIL TAX STATEMENTS AS DIRECTED ABOVE OFTyR KATHIE OMUNDSON 4 �S�,L Commission #1329815 < o NOTARY PUBLIC - CALIFORNIA 7) . �a a SAN DIEGO COUNTY A MY COMMISSION EXPIRES CgcIFORN`P NOVEMBER 12, 2005 EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258- 130 -54 PARCEL 1: BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15 AS SHOWN ON RECORD OF SURVEY MAP NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE NORTH 1 °56'23" EAST 480.00 FEET TO THE SOUTHWEST CORNER OF THE LAND AS DESCRIBED IN THE DEED TO WALTER M. WILSON AND MARIETTA WIISON AS RECORDED SEPTEMBER 1, 1934 IN BOOK 320, PAGE 350 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 88 005'29" EAST 482.80 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 220.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89 041'20" WEST, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE NORTH 88'05'29" WEST 33.72 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 442.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 79 °11'27" WEST; THENCE NORTHEASTERLY 116.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 003'59 "; THENCE NORTH 25 °52'32" EAST 210.76 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 468.00 FEET; THENCE NORTHEASTERLY 21.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2035'18" TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO MABEL O'HARA, RECORDED NOVEMBER 27, 1928 IN BOOK 1552, PAGE 359 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE . SOUTH 88 005'29" EAST 25.86 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON SAID WESTERLY LINE OF SAID QUAIL. GARDENS DRIVE, SAID POINT BEING ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 580.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 74 °03'09" EAST; THENCE SOUTHWESTERLY 141.73 FEET ALONG SAID CURVE AND SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 14 000'04 "; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 29 056'55" WEST 89.91 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 220.00 FEET; THENCE SOUTHERLY 116.19 FEET ALONG SAID CURVE AND SAID Revised December 19, 2002 Page l of 2 APN: 258 - 130 -54 P:\SURVEY\ANNA\SANDIEGO\QUIALGARD\DWG\258-130-54.DOC WESTERLY LINE THROUGH A CENTRAL ANGLE OF 30 015'35" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 9,709 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 49-55 EXPIRES: 12/31/05 L mac' M. aEAt. DATE NM 4M OF C!► Revised December 19, 2002 Page 2 of 2 APN: 258 - 130 -54 P:\SURVEY\ANNA\SANDlEG0\QU IALG ARD\DWG\258- 130 -54. DOC W 0 a a ate, H W W �E- cn U E-4 a 0 Ix � w I� wo x a -7 OK ui y \ N �'�•�y�,�ocby�, fs l p�Z 4fqV /ss9S w 9 M �d Q N HOdr 3,l£lSSJ�d p ate/.) = f..]Mp� Y- N M r p cr N J �s N CD X AIR S if w J fV n M w N� 4 I .S&ltZ_ M.90.££.00N .S6'llZ M�SOS£DON — I - - al M O N ^� r°�`^ E- N � cli q3 � �/j cli 8oW� OY WtnGp m r d' �.O; OVd 2 W Q W r ci en Lal �_ o= 0 wUun S p o�Td c CD r N p 6er- a= C3 N ooz � Wo r Z (n a 0 crU n In z O- w� � U9 w ~f pn � O � Z � r a• U � NN.n.. ty 1y Q CM In JOO'09* �2 PL CL 3,£Z, UN S .SZ'£Zf St 33S i/l 3N 3Nf1 A1.M 3.£Z.99.t N S =ZGZ= 7 Cp N � `tlC7 •��i� /s. of Z N _u C4 r r U Z tWlti C4 Z 0 a be O 8 Za N tom y l j O AIR .9Z'SZ£ 91 33S C� */t 3N 3Nn 5 IYI 13 O M C W in coin o U mm cn � DES pllf Ls � N g J 43 P4 OQW Em cr f!7 a E cn L� OZ� M W a E- b C12 O N tn ILL �X� ZOO O Y �oo r4 O 4() o09 w cn o ►fir 2 0 GO Z a N � `tlC7 •��i� /s. of Z N _u C4 r r U Z tWlti C4 Z 0 a be O 8 Za N tom y l j O AIR .9Z'SZ£ 91 33S C� */t 3N 3Nn 5 IYI 13 O M C in coin o U mm E � DES pllf Ls � N g J 43 -� 961tZ M$0MOON - - •�.00 ol � h 96'1LZ CM,SO£AON 7. f91 MM LS(3 -M021 d08d ti g n in E w& Qcr—j 43 OQW Em cr f!7 W m�R cn L� OZ� W L 2" tn �X� ZOO O �oo o09 � 2 0 GO Z W� O SUM OR b� N z m J N c W< a m Loo W L J _z� $ � < GO• N cn v Q _j 3 � NN a9 Z .'00'm 33rZ.99.1N 3,�Z,99.tN ti RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, PE 909 South Vulcan Ave. Encinitas, CA 92024 -3633 APN: 258- 130 -46 Escrow No: 03201283 - 980 -MAU Title No: 03201283 (E) -f HE OR!G!NAL Oi= TH!,- t)O(-,'uMENT 4AS RECORDED ON MAR (,"l 2005 i'J J_ .'MEN)- N ,N1LER 2005 - 016916 GF.r_G CRY .1 SMI -10. CC)uN IT RE . O RDF-R -;AN DIEGO 0OUC.l -1' RECORDER OFFICE TIME. 4 49 PM Sp GRANT DEED r L—'% THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS exempt from Documentary Transfer Tax Pursuant to R & T Code #11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald Martin and Kay 3. Martin, Husband and Wife hereby GRANT(S) to The City of Encinitas, A Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits attached hereto and made a part hereof. C & C (B) a portion of Commonly known as: APN #258- 130 -46 -00 Vacant Land, Encinitas, CA 92040 Dated: June 18 2004 4 Ronald Martin Acceptance i ,- Kay J. Marto This is to certify that the interest in real property conveyed by this Grant Deed, from Ronald Martin and Kay J. Martin, husband and wife, to the City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. % Dated: 2 LL -�2—/ 5� The City j f E initas a M )cipCO pNation its: �1 �•vC, /�v,E�n STATE OF CALIFORNIA ss: COUNTY OF Before Notary Public, � personally appeared r r 1 ' ( ) to be the person(s) whose name(s) is /are personally known to me subscribed to the within instrument and acknowledged to me that4te/s4o /they executed the same in- fsf+7ter /their authorized capacity(ies), and that by_hi&/#er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur �,_ � -lam e -�\( ��— FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE �eE"LO;r KATHIE OMUNDSON v QJ �a Commission #1329815 < NOTARY PUBLIC - CALIFORNIA D j Y ° SAN DIEGO COUNTY A MY COMMISSION EXPIRES C'41FORN� NOVEMBER 12,2005 EXHIBIT C (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258-130-46 BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00 °33'05" WEST 211.07 FEET" FOR A PORTION OF THE EASTERLY RIGHT OF WAY LINE FOR QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE SOUTH 00 °33'05" EAST 132.47 FEET ALONG SAID EASTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 033'05" EAST 50.68 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 320.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 71 027'06" WEST; THENCE SOUTHEASTERLY 69.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 022'07" TO THE NORTHWESTERLY LINE OF OLD COUNTY ROAD SURVEY NO. 40 AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE NORTH 60 044'44" EAST 5.92 FEET ALONG SAID NORTHWESTERLY LINE TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 431.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 64 056'02" WEST; THENCE NORTHWESTERLY 116.02 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 025'23" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 836 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: l Z.• O S v� ANNA M. B�- J ANNA M. BEAL, P.L.S. 4955 Exq Y. EXPIRES: 12 /31/01 NO of +✓:� ` Page 1 of I APN:258- 130 -46rev R: \SURV Y\ANNA \SAN DIEGO \QUAILGARD \258 - 130- 46REV.DOC !P.O.C. / RIGHT sc� 1, -40M l � ► I B SEE DETAIL "A" I` HEREON Ila z f m IN z ► A 20' 1 I PROP. ROW �k c I OA:) ' 1� 1:2 w , 1 EXIST E'LY ROW w 1 a te 40 I vs AN rx � L D 1 T.P.O.C. 1 i ANNA M. BEAL 1 1 N J Expires: 12/31/05 3 ap I P.L.S. 4955 sTgT£ EXIST. ELY ROW 1, N _,chi CAS EXHIBIT C (B) OF WAY FOR PUBLIC STREET PURPOSES N88'05'29•W 143.14 N R= 180.00' ok w 1 7R= VICINITY MAP {y�, -p- mm dE \` \4 mm 1ACJQION °i�r►,� e�w i d a . •r. r 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 P: \SURVEYW/NA \SANDIECO \C JALCARD\DMC \OUILGARD.DMC PROP. ROW 0 m 7 W N W 3 W 2 6 W b0 M z N m NW'LY LINE OLD COUNTY ROAD SURVEY NO. 40 O AN ESIITT TO THE COUNTY OF SAN DIEGO FOR PUBLIC ROAD PURPOSES REC. 8/24/67 AS FILE NO. 128398, O.R. �B AN ESMT TO THE S.D.G.&E. FOR POLE LINE, UNDER GRD. CONDUITS PER DOC. REC. 3/27/58 IN BK 7011/119, BOTH OF O.R. N8905'29"W I I i 0.71' It 0.88' N88'05'2TW 143.14 ►1 ZO.M. !p -.. n I I� °g l IC.4 �2 DETAIL "A" �3k�gt LEGEND R��tiS� DENOTES AREA TO BE DEDICATED FOR ROAD E. TO CITY OF ENCINKAS HIGHWAY PURPOSES. �� AREA 836 SO. FT. k54'10'06•E l�QIE. RAD DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S MAP NO. 12683, RECORDED MAY 10, 1990. �� ►r,, Q0 ' REVISED 5/21/03 SHEET 1 OF 2 SHEETS y ASSESSORS PARCEL NO.: 258- 130 -46 r OWNER: RONALD MARTIN T7� SEE DETAIL "A" EXHIBIT C (B) I P.O.C. ON SHEET 1 TEMPORARY CONSTRUCTION EASEMENT N88'0529'W 143.14 M I Y LINE OLD COUNTY N 59.89' B tg N J I O a ' o SCALE 1" -40a9Z / rn cd U2 Iz N M_ 3 0 I ' IM - PROP. ROW A 20' r ' EXIST E'LY ROW cr ~' 29' M t G dt 8 ,7.E j ► � , $� N24 ! � rsa i� 48.81' R� 41• CIO tg N O a I cn � � N 3 0 IM - ,D EXIST. ETY P.0_C. �1 r L1r1'11'58' R= 180.00' L =3.77' RAD. R =180' �U a \A VICINITY MAP BLVD LDCm �s BLw 2001 EAST FIRST STREET SANTA ANA, CA. 92705 (714) 568 -7300 a\1 DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S MAP NO. 12683, RECORDED MAY 10, 1990. PROP. ROW to m y� sil P:\ SURVEY\ ANNA\ SANOECO \OUALGARD\DWG \OMGARD.DWC io TIE W W Z 3 .T 9� W m ROAD SURVEY NO. 40 O AN ESMT TO THE COUNTY OF SAN DIEGO FOR PUBLIC ROAD PURPOSES REC. 8/24/67 AS FILE NO. 128398, O.R. O AN ESMT TO THE S.D.G.&E. FOR POLE LINE. UNDER GRD. CONDUITS PER DOC. REC. 3/27/58 IN BK 7011/129, do 3/27/58 IN BK 7011/119, BOTH OF O.R. LAND ANNA M. BEAL J EVvex 12/31/05 * P.L.S. 4955 �NqlF of C-A&.\� LEGEN DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR ROAD AND HIGHWAY PURPOSES. a►�` AREA: 836 SO. FT. f 10, 06'E DENOTES AREA TO BE DEDICATED RAp C ] TO CITY OF ENCINITAS FOR TEMPORARY S►,°r` CONTSTRUCTION PURPOSES. hr4 AREA: 4,872 SO. FT. f y��► �G1 j � 0 �� ,� (� j ' REVISED 5/21/03 SHEET 2 OF 2 SHEETS ASSESSORS PARCEL NO.: 258 - 130-46 OWNER: RONALD MARTIN RECORDING REQUESTED BY 6p) Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: City of Encinitas Greg Shields, P.E. 505 S. Vulcan Ave. Encinitas, CA 92024 APN: 258- 130 -32 -00 Escrow No: 03201283 - 980 -MAU Tifla Nn- 03201283 (D) I1E:'�F�tI,�INAL C� I H!c DCiUUM�:NT OVA: RECORDED ON MHR. ,i I 200`, DOCtiMEN; NUMBER 20G`- 01E�9?63 H COUP i'f F',ECORGER OF I, CE TIME 4 49 PM SF GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS EXEMPT FROM Documentary Transfer Tax pursuant to R & T Code 11922 Exempt from Recording Fee Pursuant to Government Code #6103 AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald Martin and Kay J. Martin, Husband and Wife hereby GRANT(S) to The City of Encinitas, a Municipal Corporation the following described real property in the City of Encinitas, County of San Diego, State of California: See Exhibits• attached hereto and made a part hereof. B & B (B) a portion of Commonly known as: APN #258- 130- 32 -00, Vacant Land, Encinitas, CA 92040 Dated: June 18, 2004 R - Ronald Martin Kay J. Martin L �- Acceptance This is to certify that the interest in real property conveyed by this Grant Deed from Ronald Martin and Kay J. Martin, husband and wife, to The City of Encinitas, is hereby accepted by the undersigned on behalf of the City of Encinitas pursuant to authority conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Dated: .� ��S�OS The Cit f inita , a icipal Cor ation By: Its: A rf r 1V G. / .) 12- STATE OF CALIFORNIA COUNTY OF SS: On '�j Q ►'1e— Q before me, �eaj h e-1 C) m u v 50 V 1 Notary Public, personally appeared OY�GI W� '� I n a YY\ personally known to me (eF PFQVP11 to Me A to be the person(s) whose name(s)-5- /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in-hisyk►er /their authorized capacity(ies), and that by- h4s/4er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. � - - Signature r FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS AS DIRECTED ABOVE ,yeP�OFT KATHIE OMUNDSON Q�e s� Commission 41329815 G W m NOTARY PUBLIC - CALIFORNIA :D It SAN DIEGO COUNTY 7 MY COMMISSION EXPIRES ' `�CIFOPN�P NOVEMBER r� _ado-- .►��.,.s,._...,...r...... - m....._,......>� EXHIBIT B (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC STREET PURPOSES PARCEL NO. 258 - 130 -32 BEING THOSE PORTIONS OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL l: COMMENCING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS BEING "NORTH 00 033'05" WEST 211.07 FEET" FOR A PORTION OF THE EASTERLY RIGHT OF WAY LINE FOR QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID TERMINUS ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 180.00 FEET; THENCE NORTHERLY 4.02 FEET ALONG SAID CURVE AND SAID EASTERLY LINE - THROUGH A CENTRAL ANGLE OF 1 016'43" TO THE TRUE POINT OF BEGINNING; A RADIAL THROUGH SAID TRUE POINT OF BEGINNING BEARS NORTH 89 016'22" WEST; THENCE CONTINUING NORTHERLY 84.25 FEET ALONG SAID CURVE AND SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 26 049'00" TO A POINT OF CUSP WITH A NON - TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 431.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 70 018'25" WEST; THENCE SOUTHERLY 83.61 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 006'54" TO THE TRUE POINT OF COMMENCEMENT.. CONTAINING AN AREA OF 161 SQUARE FEET, MORE OR LESS. PARCEL 2: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE' SHOWN AS BEING "NORTH 03 031'05" EAST 46.47 FEET ", AS SHOWN ON RECORD OF SURVEY NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID TERMINUS ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE SAID RIGHT -OF -WAY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 620.00 FEET, A RADIAL LINE THROUGH SAID TERMINUS BEARS SOUTH 79 020'23" EAST; THENCE SOUTHWESTERLY 26.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2027'55" TO A POINT OF* CUSP WITH A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 529.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH Page I of 2 APN: 258- 130 -32 R:\SURVEY\ANNA\SANDIEGO \QUAILG ARD\258.130- 32.DOC 71 °33'43" EAST; THENCE NORTHEASTERLY 16.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 043'58" TO A' POINT ON THAT CERTAIN COURSE DESCRIBED ABOVE AS "NORTH 03 031'05" EAST 46.47 FEET "; THENCE NORTH 03 031'05" EAST 10:87 FEET ALONG SAID COURSE TO THE POINT OF COMMENCEMENT. CONTAINING AN AREA OF 19 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. BEAL, P.L.S. 4955 DATE: EXPIRES: 12/31/05 Page 2 of 2 APN: 258- 130 -32 R:\.SURVEY\ANNA\SANDIEGO\QUAILGARD\258-i3O-32.DOC m. *tExpl_ l- * N4. . • r SCALE IS Fl a EXHIBIT B (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES 1m PARCEL 2 DIMENSIONS SHOWN HEREON ARE BASED ON RECORD INFORMATION PER R OF S MAP NO. 12683, RECORDED MAY 10, 1990, / P-OX PARCEL 2 ANNA M. BEAL o J Expires: 12/31/05 70 _ RLS.4955 —� La PROP ROW / 41 > M © Q =1'43'5$' . ? R= 529.00' L= 16.00' N8805'29'W 15.33' DETA A / NTS Q PAR 3 N 1� TCE rfQ s LEGEND: a DENOTES AREA TO BE DEDICATED TO CITY OF ENCINITAS FOR ROAD AND HIGHWAY PURPOSES. 1 AREA PARCEL 1: 161 SO. FT. t AREA PARCEL 1 19 SO. FT. 1 CTO CITY OF ENCINITAS FOR TEMPORARY CONTSTRUCTION PURPOSES. AREA PARCEL 3: 158 SQ. FT. I AREA PARCEL 4: 1,224 SQ. FT. ± PARCEL 1 13r- N B,j PIZ; t° k ili 2001 EAST FIRST STREET CL Ilp- j / scALE Nis Iu 1'1 6'4,T R= 180.00' L =4.02' PROP ROW / PARCEL 1 o ' /O A 12' ESMT TO THE S.D.G.&E. FOR POLE LINE, UNDER-GRD.. (�- CONDUITS PER DOC. REC. 3/27/58 IN BK 7011 /129, & v l 3/27/58 IN BK 7011/119, u•ao NW057TW 118.36' M 9.35' DETAIL "B" NTS SANTA ANA, CA. 92705 REVISED 5/21/03 (714) 568 -7300 R. \ SURVEY\ ANNA \SAWECO \OUALCARD \DWG \QUTALL WO.owc SHEET 2 OF 2 SHEETS EXHIBIT B (B) RIGHT OF WAY FOR PUBLIC STREET PURPOSES g W^ LEGEND: DENOTES AREA TO BE DEDICATED i TO CITY OF ENCIN INfTAS FOR ROAD Q1 , / N88'i AND HOW PURPOSES. 15.33• AREA PARCEL 1: 161 S0. FT. f w AREA PARCEL 2: 19 SO. FT. Try n o PARCE DENOTES AREA TO BE DEDICATED v i TCE C _ TO CITY OF ENCINITAS FOR TEMPORARY CONTSTRUCTION PURPOSES. AREA PARCEL 3: 158 SO. FT. AREA PARCEL 4: 1,224 SO. FT. f DIMENSIONS SHOWN HEREON ARE BASED ,e ON RECORD INFORMATION PER R OF S MAP Q� PROP ROW NO. 12683, RECORDED MAY 10, 1990- VICRUTY MAP KTS. M LOWIM � ® AN ESW TO THE S.D.G.&E. FOR ANCHOR POLE P PER DOC. REC. 11/21/51 I BK 4297/344, O.R. IN LOC.) OB A 12' ESMT TO THE S.D.G. FOR POLE LINE, UNIJER GRD. CONDUITS PER DOC. REC. 3/27%58 IN BK 7011%1 9, QQS FXLST F-LY ROW 41 A EXIST ELY ROW cl N 4 / M 4 URPOS>� N640770 3.72 A-1C. u PARCEL 4 B TCE LAND Ig Ig ANNA M. BEAL J Expires 12/31/05 ON SHEET 6 '%e P.L.S. 4955 PARCEL 1 OF CAS Bezr Q Q� N88'05'29'W 143.14 3 3 pO 2001 EAST FIRST STREET ASSESSO Ir�'iI^' N SANTA ANA, CA. 92705 "' °O REVISED 5/21/03 OWNER: (714) 568 -7300 P : \SURVEY\ANNA \SANDIEGO\OUALGARD \DWG \OUTALGARD.DWG .0 or N n T W 2 3 W W 10.. 7 Y N SCALE 1' -40 O A =4!39'0 R =620.00' L =50.43' © p =5'0,'13• R- 534.00' L-- 46.79' 1 SHEET 1 OF 2 SHEETS The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232 -550, Encinitas, CA 92023 (760) 436 -9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas /Cardiff, Carlsbad, Oceanside, San MarcosNista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April24 2003 May 1 2003 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on the 1 st day of May, 2003. Clerk of t" Printer Space above for County Clerk's Filing Stamp CITY OF ENCINITAS - PUBLIC NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Encinitas, California, is inviting sealed bids for construction of an Engineering Services Project titled "Quail Gardens Drive improvements ". Bids will be received at the office of the City Clerk until 2:00 p.m., June 10, 2003 at which time they will be opened and read aloud by the City Clerk. A pre -bid meeting will be held in the City Hall on May 27, 2003. All bidders must attend the pre -bid meeting or sign a statement indicating that they were made aware of all the issues discussed in the pre -bid meeting before they could bid the project. All bids shall be submitted in a sealed envelope addressed to: Deborah Cervone, City Clerk, City of Encinitas, 505 S. Vulcan Avenue, Encinitas, CA 92024. The outside of the envelope shall be stated: "BID, DO NOT OPEN UNTIL 2:00 P.M., JUNE 10, 2003." Project Description: Construction of Quail Gardens Drive between Encinitas Boulevard and the southerly boundary of the Encinitas Ranch Specific Plan, approximately 2,700' long. The project scope includes grading, construction of street improvements, retain- ing walls, fences, sound walls, traffic signal, striping, street lights, landscape, irrigation, erosion control, stone drain, reclaimed water, sewer upgrade, undergrounding of the dry utilities, construction of services and improvements for adjoining private properties. Undergrounding of the dry utilities shall be constructed per utility companies' plans included in this package and in conformance with utility companies' specifications. Construction shall start after successful acquisition of the additional righ -of -way by the City of Encinitas. The right -of -way acquisition is estimated to be completed before June 10, 2003. Construction duration for completion of Quail Gardens Drive improvements is 180 working days from the start date. Working days are all weekdays excluding Saturdays, Sundays, and City of Encinitas official holidays. Bids shall be good for con- struction start date on or before September 10, 2003. Construction plans included in the bid documents include, City of Encinitas Drawing No. 0038 -SI, SDG &E plans (Construction Order No. 2733090), COX Communications plans (File No. N1543), Pacific Bell plans, and CableVision plans. Copies of the bid package will be available at the Engineering Services counter, City Hall, 505 S. Vulcan Avenue, Encinitas, CA 92024 for $50.00 for the first set. Additional bid packages will cost $50.00 each. For further information, contact the Engineering Services Department at (760) 633.2770. The City reserves the right, after opening bids, to reject any or all bids, or to make award to tr1 I6wWrUgWstbie wwm and releel all other bids, Tawalve any informal- ity in the bidding and to accept any bid or portion thereof. Peter Cota - Robles Director of Engineering Services CN 671T April 24 May 1. 2003