Loading...
2013-493451 D O C ## 2013-0493451 111111111111111111111111111111111111111111111111111111111 IN AUG 06, 2013 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER Recording Requested by: I q01 ) FEES: 0.00 City of Encinitas ) PAGES: 5 When Recorded,Mail to: City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City ) SPACE ABOVE FOR RECORDER'S USE ONLY APN: 258-112-24 RESOLUTION NO. 2013-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,APPROVING AN EASEMENT EXCHANGE BETWEEN DEALY FAMILY LLC,AND THE CITY OF ENCINITAS LOCATED AT AND ADJACENT TO 130 CALLE MAGDALENA. WHEREAS, The City of Encinitas needs to obtain a drainage easement over an existing 72" storm drain system within 130 Calle Magdalena currently owned by Dealy Family LLC, a California Limited Liability Company(Exhibit B), WHEREAS, The Dealy Family LLC needs a private easement within a vacated portion of Calle Magdalena owned in fee by the City of Encinitas to install private improvements(Exhibit B), WHEREAS, the exchange of easements per Exhibit B benefits both the City of Encinitas and Dealy Family LLC, WHEREAS, the City Council of the City of Encinitas on July 10, 2013, heard the Staff presentation and reviewed the easement exchange during the regular Council Meeting at 6:00 p.m. in the City of Encinitas Council Chambers, 505 South Vulcan Avenue, Encinitas, CA 92024 NOW BE IT THEREFORE RESOLVED that the City Council of the City of Encinitas, has adopted the Resolution to authorize the Ij1rocItr of Engineering/Public Works Department to draft the easement language and execute an easement exchange with the Dealy Family LLC per Exhibit B PASSED AND ADOPTED this 10`x'day of July, 2013,by the following vote,to wit: AYES: Barth, Gaspar, Kranz, Muir, Shaffer. NAYS: None. ABSENT: None. ABSTAIN: None. I�II UQ Teresa Arballo Barth, Mayor City of Encinitas ATTEST: r '"Al� Kathy ollywood, City Clerk t(,'elifoomia,do I�ft Y ceder Pamtf►�d Pe"#d the On and bepN is a bw and eorW copy of ft doaaW In m aft In wbo whereof 1 bare wt adi Aend aad tie Seal d 1�ah dl�.+ V)wzI m ° o z °z W W lJ c� D N(CnNZ M Dn-�� 01 - m O m �D=� �Om� OD(A U(A 0;0 D y MAP m x-m m -,j m mcoDZ R/r sp Od7O O � SO p x � o� O p Tr O �Z ny 5: r C 3 v w r" C) —U DDO D�� w DIEGO U FREEWAY L5 f +w ° � mO m co SAN L5 ��� o� m m �mQ� -n--n 106.86' q xn�o*��3' n � ivpz� mmnr / m �D �n C� 146.61' � z ��Dm zDp N 5'29'23"W ��\ z Z D cn N> z z00 O O F D r D are C—Om N�Z j z D: -j m 00> \ Cn A W N O m < O O e-S Z Z m \`+ O � \ ^ map NDm N ccoo Cn (WO p `/ �DDfmTl r—cn C m zrD Z�� 0 Ub O <Un G)—1 m �,' U W o o D c7mr Ooz ? N O Cn O m ODm m Lr-� DDS D N-<c) -0— I� (A (-4 O O > > ZO> 0 rz1I °o 91 9) 0 0 0 o D oc�z x�rrl 0 IO /V� O O O O O � > oDm >om D O J r r O �Z co Un � N W m rn -C S O W co cl N CA i C-4 m v ' �m> >w N o w rn w N o 0m 0--1r m O W D z D Z Z Z Z Z Z Z Z Z Z r D ,r O p r�_ N p� N N O O N c�D (r c�D O Ln cep N Co Z C7 ° D(NIC m r O p 0 O p p 0 N — p O D rn p �g D r Ub r N Ub N N N N N N N N N N N a Lnn z I --I r (r N j (A W W (,i W (.i W W j I z>=-<r- D=-<� Go _ -4 s -- v �! -1 �I �! 0 D z m N"OmNC�n m m m m g m co z 1x11 00ZN0D m O T 4' cD �-00 1 DD (n D I W cn 41 O O W (On Oo O (On J ri. D C7 O (n � v O v c0 v W O co N b) to �4 O Z O a t W f n Z W O N N v O cD (n C 1T1 - N _ N O Z O r W D D m m OnZ r O a e (A D • p i D 10 AN EASEMENT IN FAVOR OF THE COUNTY OF ° °i r 7 3' SAN DIEGO FOR ROAD PURPOSES AND RIGHTS n O TO FOR A PORTION OF INCIDENTAL THERE o � �Ocnzc� CALLE MAGDALENA AS SHOWN ON MAP NO. D z m C::i 8116 RECORDED MAY 28, 1975 (A -<��m-< p L10 �5 ���L12 �! co-v60m�o ; N L1 L14 (00 0 -0 D -0 M m L7 0 -- Og5 EXISTING BACK OF W �'co Cn Lnn m m = m Q �9��" SIDEWALK AT THE °- U'm (7 o z Z co ���M.r PROPERTY LIN °'v m _ 0 \S57'53'25"W(R) O- -ii_ noon o n = GDi CALLS MAGDALENA o N o m m m R=201.00' zr m o W EXHIBIT"B" PUBLIC DRAINAGE EASEMENT"A"GRANTED FROM THE CEALY FAMILY LLC,A CALIFORNIA LIMITED LIABILITY COMPANY,TO THE CITY OF ENCINITAS AN EASEMENT 20.00 FEET WIDE OVER THAT PORTION OF LOT 3 OF ENCINITAS PLAZA/WESLEY HOMES UNIT N0. 1 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO.8116 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 28, 1975,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CALLE MAGDALENA 60.00 FEET WIDE AS SHOWN ON SAID MAP NO. 8116; THENCE SOUTH 02°02'51"WEST ALONG THE SOUTH PROLONGATION OF THE EAST LINE OF SAID LOT 3 AND THE WEST LINE OF SAID CALLE MAGDALENA 7.00 FEET TO THE POINT ON A LINE PARALLEL WITH AND 7.00 FEET SOUTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°12'37"WEST ALONG SAID PARALLEL LINE 105.70 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY 136.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°10'00"; THENCE NORTH 50°02'37"WEST 130.54 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON THE EASTERLY, SOUTHERLY,AND WESTERLY LINES OF SAID LOT 3. THE AREA OF THE ABOVE DESCRIBED LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 4,717 SQUARE FEET. END OF DESCRIPTION EXHIBIT"B" IS A PLAT TO ACCOMPANY THIS LEGAL DESCRIPTION AND IS ATTACHED AND MADE A PART HEREOF ON PAGE 1 OF 3. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR. 05-30-2013 c EN MARK S. LAMOUR U P.L.S. 5794 a� No.5794 REGISTRATION EXPIRES 06-30-2014 * Exp.06/30/2014x MSL1N 12008E NA OFC Q` PAGE 2 OF 3 EXHIBIT"B" PERMANENT PRIVATE EASEMENT"B" GRANTED FROM THE CITY OF ENCINITAS TO THE DEALY FAMILY LLC,A CALIFORNIA LIMITED LIABILITY COMPANY THAT PORTION OF CALLE MAGDALENA 60.00 FEET WIDE AS SHOWN ON ENCINITAS PLAZA/WESLEY HOMES UNIT NO. 1 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO.8116 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 28, 1975 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID CALLE MAGDALENA, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT 3 AS SHOWN ON SAID MAP NO.8116; THENCE NORTH 02°02'51" EAST ALONG THE WEST LINE OF SAID CALLE MAGDALENA AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 84.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 236.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 80°13'57"WEST; THENCE SOUTHEASTERLY 92.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°20'32" TO A POINT ON THE SOUTHERLY LINE OF SAID CALLE MAGDALENA, SAID POINT ALSO BEING ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°12'37"WEST ALONG THE SOUTHERLY LINE OF SAID CALLE MAGDALENA AND THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.72 FEET TO THE POINT OF BEGINNING. THE AREA OF THE ABOVE DESCRIBED LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 1,244 SQUARE FEET. END OF DESCRIPTION EXHIBIT"B" IS A PLAT TO ACCOMPANY THIS LEGAL DESCRIPTION AND IS ATTACHED AND MADE A PART HEREOF ON PAGE 1 OF 3. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR. 05-30-2013 c MARK S. LAMOUR U , P.L.S.5794 a NO.5794 c w REGISTRATION EXPIRES 06-30-2014 * Exp.06/30/2014x MSLJN 12008E NJ► 2 Q` PAGE 3OF3