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2003-883584 ~ RECORDED REQUEST OF Fi~t~mer~an ,~ ~ ~ 9003 RECOR SUBDI\*I$1ONMAPPINODEPTB DOC -0B83584 AFTER RECORDING M~IL TO: 459 uL 24. 2oo Attention: City Clerk THE CITY OF ENCINITAS ~ ~ ~ 505 S. Vulcan Avenue ~ ~[~ ~¥ ~.8 ~[ SPACE ABOVE THIS LI FOR R ORDER'S USE ~r +~ NO DOCUMENTARY T~ DUE - R&T 11922 (amended) NO ~E - ~NT CODE SECTION 6103 ~f~Title Order No. Escrow No. ~[~Assessor Parcel No. 257-011-03 [ ] Ail ' [X] Portions EASE~NT DEED For and in consideration of a valuable consideration, ~THA~IGAIL ~C~IN 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 situate~ 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 Grantor herein, heirs, successors and assiqns the continued use of the above-described parcel of land subject to the f~llowing 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 WI~SS ~E~OF, the grantors hereto has cause this Easemep~ Deed to be executed as of this /~/~day of ~~_ __ .2002. ~]~0G This is to certify that the interest in real property conveyed by this instrument 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 hereb~ cons s t recordation thereof by its dul~>~~er' Dated ~ ~ By ~/~;/5-~/ ~ Machain/B-3/Slope & Drainage Easement EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL B-3 That portion of the South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, described as follows: Beginning at the Northwest corner of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along the Northerly line of said South half of the North half of the North half of the Southwest Quarter South 88°58'38" East 63.04 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°58'38" East 9.54 feet; thence leaving said Northerly line South 3°04'22" West 15.08 feet to a tangent curve concave Eastedy having a radius of 1110.00 feet; thence Southerly 138.37 feet along said curve through a central angle of 7°08'33"; thence non-tangent from said curve North 84°19'50" East 34.42 feet; thence South 5°40'10" East 13.46 feet to a point on the Southerly line of said South half of the North half of the North half of the Southwest Quarter of the Northeast Quarter of Section 10; thence non-tangent from said curve along said Southerly line North 88053'27" West 40.22 feet to a non-tangent curve concave Eastedy having a radius of 1172.00 feet, a radial line to said point bears South 84008'58'. West; thence leaving said Southerly line Northerly 162.94 feet along said curve through a central angle of 7057'56" to the TRUE POINT OF BEGINNING. Containing 1,595 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 Exp. 06/30/05 LICENSE EXPIRES: JUNE 30, 2005 ~ No. 7320 ~., 24594 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES POINT OF - ~-TRUE POINT OF BEGINNING ~ BEGINNING ~NORTHERLY LINE OF THE PARCEL B-3 JSOUTH 1/2 OF THE NORTH 1/2 (NORTHWEST ~ PARCEL B-3 OF THE NORTH 1/2 OF THE CORNER OF THE~ SOUTHWEST QUARTER OF THE SOUTH 1/2 OF THE NORTHEAST QUARTER OF NORTH 1/2 OF THE SECTION 10, T. 13 S., R. 4 W., NORTH 1/2 OF THE "~ .._-- N88o58,38,W S.B.M. SOUTHWEST__ ~ 63.04' ~ 1319.28' --~ QUARTER OFTHE /'? ~32 01' ~ ..... / ~ NORTH~ST / f ~ ~ / ~' ~N03"04'2" , 2E 1508 R. 4W.,S.BM.) ~, /~ ~ ~ ' ~ 32' , ~28'~1 ~ ~~- ~ ~ ~ ~ ~L L N875618W ~ ~ , ~ ~ ~u ~I~-~PARCELB_3 ~ L) m ~ ~ ~ 1319.87 ~ ~ 1/2 SOUTHWEST QUARTER OF THE ~/~J BLVO SOUTH 1/2 OF THE NORTH 1/2 OF NORTHEAST QUARTER THE OF NORTH 1/2 OF THE ~ ~~ % SECT, ON ~0, T. ~3 S., R. 4 W., ~ ~ ~ ~ ~ SOUTHWEST QUARTER OF THE VICINI~ MAP BRIAN K. MICKELSON, L.S. ~ 7320 NO SCALE MY LICENSE EXPIRES JUNE 30, 2005 ~*c*~ 24595 STATE OF CALIFORNIA } COUNTY OF ~_~r~ '~'~,¢%~ }ss. personally appeared. ~r~-~ r~ {~p, el,~ ,' L. f'tq~ ~%~ ,~ ~ ~ ~ (or proved to me on the basis of satisfactow evidence) to be the person(s) whose name(s) ~are subscribed to the within instrument and acknowledged to me that he/~hey executed the same in his~/their authorized capaci~(ies), and that by his/~/their signature(s) on the instrument the person(s) or the enti~ upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~~ ~. ~ Title ~ Document ~~ ~ '~ ~ Date of Document -~ No. of Pages -~ Other signatures not acknowledged 3008 (1/94) (General) CALIFORNIA ALL-PURPOSE~CKNOWLEDGMENT 2 Z~ On /~I"J.)C'"JOs"f",/"~""'~'-d)/")'Z"'"'~~.'-, berore me, H, Name and T~Ue of Officer (e.g., "Jane Doe, Notary Public") perso.a,,y appeared d--h/L.- Name(s) of Signer(s) [] 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(les), 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, J ~.. - San _D'~go Cou,~ ~ executed the instrument. - '- ........... ~ WITNESS my hand and official seal. OPTIONAL Thoug~ ~he ~nforrnaflon below [s no! required by law, /! ma)/prove valuable to persons re[y[ng on the documen! and could preven! [raudu[enf remora! and reatta¢~ment Of rh[$ form ~o another document. Description of Attached Document Title or Type of Document: ~'~'_/~r.~ E/~ ~'~/U~ ?"'" ~"~ ~::~-- ,~ Document Date: ~ ~- '- ~ ~" Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by' Signer(s) Signer's Name: ~.~.~'~t ~.. ~!(?r( L .~,~/~ Signer's Name: ~ Individual [] Individual Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner -- [] Limited E~ General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee ~ Guardian or Conservator [] Guardian or Conservator [] Other: [] Other: Top of thumb here Signer Is Representing: ~:~ Signer Is Representing: © 1995 National Notary Association · 8236 Remmet Ave, PO. Box 7 84 · Canoga Park, CA 91309-7184 Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFO. RNIA ALL-PURPOSE~CKNOWLEDGMENT State of 0(~ ~ ~ ~--Or" I(~ \ ~t_ 24597 County of V-,_ On ~t ~ , ~30~ beforeme personally appeared ~ g e V ~ersonally known to me - OR - ~ proved to me on the basis of satisfactow 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(les), and that by his/her/their signature(s) on the instrument the person(s), ~A~AF~E~ or the entity upon behalf of which the person(s) acted, ~~TA~~=~ PUSUC~AU~ executed the instrument. ~ SANDIEGOCOUN~ 0 7~COMM ~P NOV ~,2~5~ WITNESS my hand and official seal. De~dption of ~aeh~d Document Signor(s) Othor Than ~amo~ ~ovo: Si~nor's ~amo: Si~nor's ~amo:  In0Mdual ~ Individual Gorporato Officer ~ Corporato Officor litlo(s): ~ ~a~nor-- ~ Umitod ~ Gonoral ~ ~a~nor-- ~ Umitad ~ ~on~ral ~ A~orn~g-in-Fact ~ A~ornoy-in-Fact ~ Trustoo ~ Trusteo ~ Guardian or Gonse~ator ~ Guardian or Gons~ator Signer Is Representing: . Signer Is Representing: