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2000-478688 Recording Requested By: ) ) DOC 2000-047868,8 City Engineer ) ) Sep O(3, 2000 ~: lZ+ F'I~I When Recorded Mail to: ) OFFICIAL RECORI)S City Clerk ) SAN I)IEGO COUNTY RECORI)ER'S OFFICE City of Encinitas ) GREGORY J. SMITH, COUNTY REgORI)ER 505 South Vulcan Avenue ) FEES: 0.00 Encinitas, CA 92024 ) UC: lqA FOR THE BENEFIT OF THE CITY ) ~,~ ) SPACE ABOVE FOR RECORDER'S USE ONLY ¥1/r? EASEMENT OR ll-I-,¢op( LANDSCAPE MAINTENANCE PURPOSES Assessor's Parcel No. Project No.: CMS96F 254-553-22 W.O. No.: SI-0021 LUCILLE E, HARR1NGTON, AN UNMARRIED WOMAN 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 heroin 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. Harrington.doc Leucadia Blvd. 1 The Grantor hereby furthe~tnts to the Grantee ail trees, growths, (~wing 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. 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 easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. 't-'~]/ day°f~'2000 ~O~R :~ ~ ~~ Dated this [ / 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: ~ -- Z[ --~3 0 Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas Harrington.doc Leucadia Blvd. 2 CALIFORNIA ALL-PURPlE ACKNOWLEDGMENT State of r..~~.~ "'~J County of ~ ~ ~~ ~ ~/~ before me, personally appeared / Name(s) of ~ personally known to me - OR -~ed to me on the basis of satisfacto~ 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 hisSer/their signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 reaffachment of this form to another d~ument. 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(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer ~tle(s): Title(s): ~ Pa~ner-- O Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ Aaorney-in-Fact ~ Attorney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Consewator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1995 National Nola~ Association · 8236 Remmel Ave. PO Box 7184 * Canoga Park, CA 91309-7184 Prod. NO 5907 Reorder: Call TolI-Frse 1-800-876-6827 EXHIBIT A LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT APN 254-553-22 THAT PORTION OF LOT 11 OF FOX POINT, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7832, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 27, 1973, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 45038'33" EAST 33.85 FEET TO THE SOUTH FACE OF A WALL; THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID SOUTH FACE OF WALL, SOUTH 85045'04" EAST 27.08 FEET; THENCE SOUTH 78057'49'' EAST 79.30 FEET; THENCE SOUTH 79048'56" EAST 49.51 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY FOR LEUCADIA BOULEVARD; THENCE LEAVING SAID SOUTH FACE OF WALL, ALONG SAID RIGHT-OF-WA Y, NORTH 89 ~'15'57" WEST 177. 78 FEET TO THE POINT OF BEGINNING, ALL AS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART HERETO. PREPARED BY: ~/ ~ NOLTE ASSOCIATES, INC. I/ NO. 4~1~0 Exp.: 6-30 RONALD C. PARKER DATE L.S. 4312 ~ N:~SDOOI91OO~LEG.41.S~EPO3,DOC XREFS: BASEMAP,dwg... ' / ~ GUILFORD I EASEMENT I /~~,::C: HAnn/NGTON ~ N89'15 57 W 17Z 78' P.O.E SOUTHWEST CORNER OF LOT 11 MAP NO. 7832 58+00 59+00 J NEW ¢ LEUCADIA BL VD I OLD ¢ LEUCAOIA eL ~ ~ /ND/¢TES LANDSCAPE NA/N~NANCE EASEUENT OED/CA TEO TO THE AREA = ~298 SF O' 30' 60' 90' 120' RONALD C' PARKER DA TE ,, ~ L.% 4312 GRAPHIC SCALE SCAL~' 1'% 30' EXP. 6-30-04 EXHIBIT "B" CITY OF ENCINITAS LANDSCAPE EASMENT ...... ...,....,.~ APN 254-553-22 ~..~ ~,~ ~ PREPARED FOR: CITY OF ENClNITAS DATE SUBMITTED: ~-24-OO SDO019