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2000-509818 ) CityofEncinitas ) SeP 22, 2000 4 = 01 PM ) OFFICIAL When Recorded Mail to: ) ~N DIE8} OOUNTY RECORI)ER'~ OFFICE City Clerk ) GEGOR¥ ,l, 5~IIH, COUNTY City of Encinitas ) FEES: SOS South Vulcan Avenue ) ~]: Nh Encinitas, CA 92024 ) ) THE BENEFIT OF THE CITY ) FOR ~[J' F1 ,~ , )SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Project No.: TM 94-066 254-612-03 W.O. No.: 5661-I Paul Ecke, Jr. Trustee, Paul Ecke Jr. Trust dtd. 8/7/97~ as to an undivided 50% interest, Lizabeth A. Ecke, Trustee of the Lizabeth A. Ecke Trust dtd. 3/31/94~ as to an undivided 25% interest and P.E. III Properties LLC, A California Limited Liability Company as to an undivided 25% interest hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public access and landscape maintenance easement, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXttIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public access and landscape maintenance facilities. Reserving unto the GRANTOR of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. Pub.access and ldscp.malnt6-3 - 1999 j lr The,Grantor hereby further to the Grantee all trees, growths, (g~ing or that may hereafter grow), and road building materials within said right~of-way, including the fight to take water, together with the fight to use the same in such a manner and at such locations as said Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said public access and landscape maintenance facilities. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Datedth' ]~-~ dayof~J ,200o ' Paul Ec~~au:Ecke, Jr~Tmst P.E. III Prope~ies LLC, a dtd 8/7/97 ( _ California limited liabiliw company Pa~ ~ck& II'tastee of the Paul L~b~ ~. Ecke, Trestle of the Lizbeth ~. Ec~e III Revocable Trust dated E~ Trust dtd 3/31/94 September 22, 1989 Its: Managing Member Signature of O~ers to be not,zed. AUach the appropriate ac~owledgments . This is to ce~i~ ~at the interest in real prope~y conveyed by deed or gr~t to ~e City of Encinitas, a M~icipal Co¢oration, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pmsuant to anthofiW confe~ed by Resolution of the City Co~cil of the City of Encinitas adopted on November 9, 1994 ~d the grantee consents to recordation thereof by its duly authorized officer. a ed: AI~ D. ~chibald, P.E. Director of Engineering Se~ices CiW of Encinitas Pub.access and ldscp.maint6-3-1999 jlr 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~K'~ ~,~_~.~ ~ ss. Date a e and ~Ue of Officer {ag, "Jane Doe, Notary personally appeared ~i 2-~D(:~'~3 ~- Name(s) of Signer(s) ~personally known to me  ~ proved to me on the basis of satisfactory evidence to be the personi~)---whose name(e)-is/c, rc subscribed to the within instrument and _ acknowledged to me that heCshe/they executed the same in ...... her/ ...... authorized ~..___ capacity{Jee~, and that by h~s'/herfth.e~ ;O~l~k ~7. I~I~O~'NI~" ~ signature(s) on the instrument the person(s-)', or -~W_..t.,li~'~J~ CommL~io~ # 12L~)l~ [ the entity upon behalf of which the person(s) ~..~ Not~yPut:Wic-Ccm~f0mla _~ acted, executed the instrument· J ~/~ ~$on Diego Counly ~,~,~.~~ WITNESS my hand and official seam.. Place Notary Seal Above g otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ...... [] Individual [] Corporate Officer -- TiUe(s): Top of thumb here [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [~ Other: Signer Is Representing: © 1997 National Notary Assoc at on - 9350 De So o Ave, P O Box 2402 · Chatsworth, CA 91313 2402 Prod No 5907 Reorder: Call Toll-Free I 80(%876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,_~r~ ~)~:~O/ ss. / Name and Title of Officer (eg, "Jane Doe, Notary Public') personally appeared ~ personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-~'Pare subscribed to the within instrument and acknowledged to me that ~;,v/they executed the same in ~-/he-,-Yt h e ir authorized capacity(les), and that by ........ r/their 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 sea. I. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: . . . ,.. [] Individual [] Corporate Officer--Title(s): Top of thumb here [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE MAINTENANCE EASEMENT AND PUBLIC ACCESS EASEMENT Strips of land 3.00 feet wide, over that portion of Parcel 58 of Lot Line Adjustment No. 98-181 BA in the City of Encinitas, County of San Diego, State of California recorded January 22, 1999, as Document No. 1999-0036120 of Official Records of said County, the Southeasterly line of said strips are described as follows: Strip No. 1 Beginning at the intersection of the westerly line of said parcel with the northwesterly line of Quail Gardens Drive as shown on said lot line adjnsUnent; thence North 26027'02" East 812.77 feet along said northwesterly line. The northwesterly line of said strip is to be prolonged or shortened so that it terminates on the westerly line of said parcel. Strip No. 2 Beginning at a point on the northwesterly line of Quail Gardens Drive as shown on said lot line adjustment distant North 26027'02'' East 838.77 feet from the intersection of thc westerly line of said parcel and Northwesterly line of Quail Gardens Drive as shown on said lot line adjustment; thence North 26027'02'' East 31.00 feet along said westerly line the northerly line of said parcel. Thc northwesterly line of said strip is to be prolonged or shortened so that it terminates on thc northerly line of said parcel. Revised April 19, 2000 December 2, 1998 Page 1 of 2 W.O. 1774-21X H&A Legal No. 4605rl Prepared By: H. Foss Ck'd By: R. Williams/wp As more particularly shown on Exhibit "B" attached hereto and made a part hereof. · No. 6654-- Rory S. Williams, L.S. No. 6654 License Expires: December 31, 2003 Revised April 19, 2000 December 2, 1998 Page 2 of 2 W.O. 1774-21X H&A Legal No. 4605rl Prepared By: H. Foss Ck'd By: R. Williams/wp EXHIBIT "B" Sketch to Accompany Legal Description / / / POB STRIP NO. ;TRIP NO. 2 Exp. 12/31/03 26.00'--: ~ c~., !-".'~:::i .... ~!';~!.} .:'"'::; RORY ILLIAMS, LS. 6654 :.? LICENSE EXPIRES: 12-31-03 ;:.?' STRIP NO. ,.."' .: SEE SHEET 2 FOR VICINITY MAP LEGE.O / LANDSCAPE, MAINTENANCE AND ~ PUBLIC ACCESS EASEMENT GRANTED HEREON, ~ /NDICATES SCALE EXAGGERATED ,', -..:~:~ ~h...: POB ' STRIP NO. 1 / ~..,,...,'-..,. i".i O. i9 9 'B:.' '" ...... '-" ...... :: O. F;::. ivi,,::.,i::'i'..i.:.::i.//i:!?.;~.:;:,..!,~ ':,:.'...7 HUNSAKER & ASSOCIATES EASEMENT ~ R v ~ N E ~ N c FOR LANDSCAPE MAINTENANCE PURPOSES PLANNINC ENCIN£ERINC SURVEYIN6 AND PUBLIC ACCESS EASEMENT .o~ c~<',~ V. Edge SCALE: 1"=200' W.O. 1774-21X D^'Z:11--20--98 I o"~: 04--19--00 I e~, "- Foss I: ENClNITAS\O4-066\LD\4605\SHT01,DWG ~LN0~ NONE H&A LEGAL No. 4605 SHEET I OF 2 EXHIBIT Sketch to Accompany £egal Desc~ption CITY OF CARLS_BAD SITE O~.IVEigH,qK VICINITY MAP NO SCALE Hunsaker & Associates EASEMENT Irvine, Inc. FOR LANDSCAPE MAINTENANCE PURPOSES Three Hughes, lruine, CA 92618 * (949J 583-1010 AND PUBLIC ACCESS EASEMENT Planning · Enginee~ng · Su~eying IN THE C~ OF ENCIN~A& ~UN~ OF SAN DIEGO, ~ATE OF CALIFORNIA ~ ,~v. ~.~ ~'= V. EDGE SCALE: NON[ 4605 W.O. 1~4-21X ~*~: 09-07-99 o*~ 04-07-00 s~ H. FOSS s~ I: ENClNITAS~94- 066~LD~4605~SH02.D~ LO~ ,, NONE H&A LEGAL NO. SHEET 2 OF 2