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2000-438695 Recording Requested ) ) City Engineer ) ~[.-~ ) OFFICIAL ~en Recorded Mail to: ) SRN DIEGO COUNTV ~ECORDER S ~FFICE CiW Clerk ) City of Encinitas ) FE?:;: 0.00 505 Sou& Vulc~ Avenue ) Encinitas, CA 92024 ) ) FOR THE BENEFIT OF T~ CITY ) ) SPACE ABOVE FOR ~CO~ER'S USE ONLY  EASE~NT FOR LA~SC~E ~INTEN~CE PU~OSES Assessor's P~cel No. Project No.: CMS96F 254-552-18 W.O. No.: SI-0021 BOB M. GROVE AND JODY K. GROVE, HUSBAND AND WIFE AS JOINT TENANTS hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called GRANTEE, the easement and incidents thereto for landscape maintenance, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS "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 easement where required for the construction and maintenance of said 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. Grove.doc Leucadia Blvd. t The Grantor hereb, to the Grantee all trees, growthOowing or that may hereafter grow), and road building materials within said easement, including the right 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 landscape maintenance facilities. Dated this ~-e~ day of P~u6o$ F, 2000 Signature of Owners to be notarized. Attach the appropriate acknowledgments. This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: i ' By: Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas Gro.re. doc T,eucadJ_a Bi-rd. 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ~ personally known to me ~proved to me the basis of on satisfacto~ ' evidence ~ ~ OFFICIAL SEAL ~ to be the person(s) whose name(s) is~ ~ RANDAG. MILLJOUR ~ subscribed to the within ins~nt and ~NOTARY PUBLIC-CALIFORNIA~ acknowledged to me that h~ecuted ~[~J COMM. NO, 1~2~ ~ the same in his/h~ aut~n~ ~ ~/ SAN DIEGO COUN~ ~ ~ MYCO~M. EXP. JAN. 6, ~ capacity(les), and that by his/h~/their~ ......................... ~ signature(s) on the instrument the person~ the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Pla~ Nota~ S~ Above ~ure ~ Nota~ P~C V OPTIONAL Though the informa~on below is not requi~d by la~ it may prove valuate to patens relying on the document and ~uld prevent fraudulent removal and rea~achment of this fo~ to another d~ument. Description of A~ached Document ~tle 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 ~ ~tle(s): ~ Pa~ner ~ ~ Limited ~ General ~ A~orney in Fact ~ Trustee ~ Guardian or Conse~ator ~ Other: Signer is Representing: 1997 Natio.al Notar7 Association · 9350 Ce Sate Ave, P O Box 2402 · Chatswo~lh, CA 91313-2402 Prod, No 5907 Reorder: Cell Toll-Free 1-800 976-6827 EXHIBIT A Legal Description Landscape Maintenance Easement APN 254-552-17 THAT PORTION OF LOT 59 OF FOX POINT, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7832, F/LED IN THE OFF/CE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 27, 1973, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 59; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 02~50'13'' EAST 18.87 FEET TO THE SOUTH FACE OF WALL; THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID SOUTH FACE OF WALL, NORTH 48~8'50" EAST 9.52 FEET; THENCE SOUTH 83~18'25'' EAST 65.98 FEET; THENCE SOUTH 84'~30'~9'' EAST, 43.55 FEET; THENCE SOUTH 51~08'44'' EAST 16.20 FEET TO THE EASTERLY LINE OF SAID LOT 59; THENCE ALONG SAID EASTERLY LINE THEREOF, SOUTH 00°44'03'' WEST 4.80 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY FOR LEUCADIA BOULEVARD; THENCE ALONG SAID RIGHT-OF-WA Y, NORTH 89 '~15'57" WEST 129. 51 FEET TO THE POINT OF BEGINNING, ALL AS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART HERETO. PREPARED B~' i ~No. 4312 NOLTE AND ASSOCIATES, INC. , Exp.: 6-30-0 RONALD C. PARKER DATE L.S. 4312 I EA SEMEN T {- I OLDHAM ~-~- 17 GRO~ L~ N48 ~8'50 '~ ~ ~,9.52' , SOUTH FACE NO2 '50 '13'~ 4~ 55 / c ~ 4.80' ~0~ SOUTHWEST CORNER OF LOT 59 MAP NO 7832 5 , LEUOADIA BOULEVARD 52+00 55+00 I O' 30' 60' ~0' ~O~LO ~ PA~¢E~ ~.~ ~12 ~RAPH/C ~CALE SCAL~' ~'~ ~0' EZP. ~-ZO-O~ EXHIBIT "B" CiTY OF ENCINITAS LANDSCAPE EASEMENT ·. · o. o ·. ~,....,. ~ APN 254-552-17 .~.,~.~ ~ ~.,~..~ ~ ~,c~ PREPARED FOR:CITY OF ENCINITAS DATE SUBMITTED: 7-24-00 SDOO19