Loading...
2003-912513 RECORDED REQUEST OF ~ , Fi~tAmerican~Tit!e DOC 003-0912513 AF'~:R BECORDIN~ I~%.IL TO: JUL 30, 200~ 2:55 PM Attention: City Clerk THE CITY OF ENCINITAS ~FIgI~ 505 S. Vulcan Avenue Iillllllll IlllllllIlllllllllllllllllllllllllll ~ Di£~ co~T¥ ~R~R'S ~FICE Encinitas, CA 92024 : G~RY J. ~ITH, COIINTV SPACE ABOVE THIS LIN~: FOR R~ORDER'S USE NO DOCUMENTARY TAX DUE - RaT 11922 (amended) NO FEE - GOVEIL~qENT CODE SECTION 6103 ~/Title Order No. 1249589-15 Escrow No. 562899DD ~Assessor ~arcel No. 2~?-011-10 [ ] All ~,~ IX] Portions EASEMENT DEED For and in consideration of a valuable consideration, JAMES ROSS GILLIE and KATHLEEN M. GILLIE HEREBY GRANT 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 follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein 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 grantors hereto has cause this Easement Deed to be executed as of this ~ day of ~04~37 , 2002. This is to certify that the interest in real property - ' ' ~ ~ ' · conveyed by this instr~ent to the City of Encinitas, a municipal corporation, is hereby accepted by the . undersigned authorized officer on behalf of the City of Encinitas, and the grantee~reDyh reby consents to recordation thereof by its du~/~u~hori~fi~ Dated /_~ -j~. ~F~ By ~ ]'~- 'J~ ~/'L~./ ~L Gillie/E-3/Slope and Drainage Easement 5964 EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL E-3 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest corner of said Parcel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 101.62 feet to the intersection of said Northerly line of Pamel 2 and the Eastedy sideline of 60.00 foot wide strip of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76-230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528, said intersection being the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°32'26" East 7.80 feet; thence leaving said Northerly line of Pamel 2 South 17°46'12'' East 69.35 Feet; thence South 15043'50'' East 87.77 feet; thence North 74058'25'' East 8.08; thence South 15000'39'' East 16.80 feet to the Southerly line of said Parcel 2; thence along said Southerly line of Parcel 2 North 88027'27'' West 20.86 feet to the intersection of said Southerly line with said Easterly sideline of Parcel 76-0499-A of File No. 76-230528; thence along said Eastedy sideline of Parcel 76-0499-A of File No. 76-230528 North 15o00'39'' West 170.10 feet to the TRUE POINT OF BEGINNING. Containing 1,915 square feet, more or less. TOGETHER WITH all abutters Right of Access along the hereinabove described Easterly sideline of Parcel 76-0499-A of File No. 76-230528. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. ( _. BRIAN K. MICKELSON, L.S. No. 7320 ~ No. 7320 LICENSE EXPIRES: JUNE 30, 2005 ,.~'~_-"~:~---'X~. ,¢o~-~/ 'EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES \ \ DE-DICATE REAL PROPERTY FO U ~ \ HIGHWAY PURPOSES RECORDED JULY 21, 1976 ~ ~ \ AS FILE NO. 76-230528 OF OFFICIAL RECORDS. \_ ~ \ / BEGINNING /- NORTHERLY LINE ~_ -- 7.80'~---~,~ ~ARCEL E-3/PARCEL2 P.M. 4957 WESTERLY LINE ~ ~ ~%k~ ~ ~ / ~ / LINE PARCEL 2 INDICATES ABUSERS ~ ~ ACCESS RIGHTS ~ ~ ~ ~ RELINQUISHED HEREON ~ ~ ~ ~ --, ~v--v~ t ~ ~ , k ...... / / BRIAN K. MICKELSON, L.S. ~ 7320 W~ MY LICENSE EXPIRES JUNE 30, 2005 ~59~6 SC AME/{/O } STATE OF CALIFORNIAr-~ }ss. COUNTY OF ~ [_) re~' o } On~r~%J- 8, ~;~oD-, before me, ~-'~¢_~a_,~ ~-,. J-~un,~. ~Jc4,z~ , perso,t~ appeared (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/~ subscribed to the within instrument and acknowledged to me that he/she~ executed the same in his/he~uthorized capacity(les), and that by his/her~i~ 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 ~"-'~'---..~ ~/_ ~ I ~ ' ~E~ K " ~~ N-C_O.MM. #:~22554S ~ u ~Y ~BUC~A~RNiA ~t ~1 SAN DIEGO ~ ~ for ~m~ ~ ~) Title ~ Document -~/'~r~e_,.-~-,[ '-~.J Date of Document ~ - ~ . 0 .D- No. of Pages ~ 'Other signatures not acknowledged ~.~ J ~e_,~ ~ (1~) (Genera) F~ ~ T~e I~u~ce ~m~y