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