2013-493451 D O C ## 2013-0493451
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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.
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Teresa Arballo Barth, Mayor
City of Encinitas
ATTEST: r
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Kathy ollywood, City Clerk
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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
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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`
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