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2003-495456 19587 DOC ~t 2003-049§4§6 t~PR 29, 2003 12:~2 Pt"4 PI~_ASE COMPLETE THI~ INFORMATION ~F~C~ CITY OF ENCINITAS F~8: 0.~ AND WHEN RECORDED ~lk TO: LINDA BARTZ & ASSOCIATES Suitel0~0 Secondl010 Avenue San Diego, CA 92101-4904 ~3-0~4~s s.~ ~v, ~o. ~o ~, sow~m co~ s~cm~o~ ~oa ~tle of Document UtE THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RECORDING REQUESTED ~ AND AFTER RECORDING MAIL TO: Attention: City Clerk 19588 THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVEB191qENT CODE SECTION 6103 Title Order No. Escrow No. Parcel No. 257-011-14 [ ] Ail IX] Portions EASEMENT DEED FOR SLOPE AND DRAINAGE For and in consideration of a valuable consideration, JAMES RAYMOND KONN and CEERYL KAY KONN 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 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 here y c sends to recordation thereof by its dul th ~ offic r. Dated ~--'~ ~' ~'~ By ~~q~C ~. ~. Konn/G-5/Slope & Drainage Easement CALIFORNIA ALL-PURPOSE ACKNOWLEOOMENT State of California personallyl appeared" D"'" [~J personally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person~ whose namable subscribed to the with~ instrument and acknowledged to me.at ~/t~ executed ........................... the same in ~/~r/~ir '~uthorized ~ ~ ~L~ i capacity~), and t~a~' by ~r~eir ~ ~THRYN M. MAIER ~ signature~ on the instrument the ~rson~, or ~NOTARY PUB~-~U~RN~ the entity upon behalf of which the person~ ~ ~/ RIVE~IDE C~N~ ~ acted, executed the instrument. WITNESS my band and official seal. 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 Document Date: )/~I'C_J'? ~.~/.,,~ Number of Pages: Signer(s) OtherThanNamedAbove: ~'~lFxt I }~J~J Capacity(les) Claimed by Signer Signer's Name: ~-'~t~ ~Q ~:~ ~q ~_.t~ 'FI/I~"~Fi (~_i Individual Top of thumb here [3 Corporate Officer -- Title(s): ~ Partner-- [~] Limited [] General ~ Attorney-in-Fact ~ Trustee ~ Guardian or Conservator FI Other: Signer Is Representing: © 1999 National Notary Association · 9350 De Soto Ave, PO BOX 2402 · Chatswo~h, CA 91313-2402 · www nation~lnotary org Prod No 5907 ReOrder: Call Toll Free 1 800-876-6827 19590 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ¢~..,~..{,.~V~ ~ ss. er (e ~, 'Jane Doe, Notary P,~b personally appeared ~"~.,~ ~ ~ Name(e) of Signer(s) '"j~oersonally known to me [] proved to me on the basis of satisfactory evidence to be the persor~/s) whose name/e) is/e~e- subscribed to the within instrument and acknowledged to me that-/'~ish;,'th:7 executed ~ ~ --~-- -- ~,,.,~,_--~._-- _--_.~ ---_~ . the same in -h~Cher/th.:!: authorized . capac,t ), and that by _ ~""~..t~',A..~ Comm~Io~ # 122~0'1~ ~. signature(~.) on the instrument the persor~, or z~ ~ Notch/Pub~ic-(::ollEx'rli¢l ~ the entity upon behalf of which the person.~,~- ] ~.~/ Son Diego Counly ~ acted, executed the instrument. 1 ~MyComm, Exi2es Jul ........... --- WITNESS my hand and official seal. O~rlO~tAt. Though t~o inrormadon below is not rectuirocl b~ Ia~ it mag prove valuable to 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(ies) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer-- Title [] Partner-- [] Limited [] Attorney-in-Fact ~ Trustee [] Guardian ~ Other: Representing: EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL G-5 That portion of the South half of the South half of the South 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 a point on the East and West centerline of said Section 10, distant thereon South 88° 22' 29" East, 422.76 feet from the center of said Section 10, said point being the Southwest corner of that parcel of land conveyed by Mary D. Vaughan to Leslie F. Gay et al by Deed recorded July 13, 1929 in Book 1657, Page 142 of Deeds, in the Office of the County Recorder of said San Diego County; thence along the Westerly line of said land conveyed to Gay et al North 17° 30' 23" West, 172.66 to a point on the Northerly line of said South half of the South half of the South half of the Southwest Quarter of the Northeast Quarter of Section 10; thence along said Northerly line South 88° 27' 27" East, 6.32 feet to a point in the Easterly line of a Right of Way Parcel as described in Deed to the City of Encinitas, recorded August 17, 2001 as Document No. 2001-0587485, Official Records; thence Southerly along said Easterly line, South 15° 00' 39" East, 125.48 feet to the True Point of Beginning; Thence leaving said Easterly line, North 78° 14' 39" East, 16.53 feet; thence South 15° 00' 42" East, 8.92 feet; thence South 41° 03' 14" East, 10.11; thence South 86° 54' 21" East, 20.96 feet; thence South 65° 55' 24" East, 26.44 feet to a point in the Northerly line of a 20.00 foot wide Easement for Ingress and Egress by Private Right of Way, recorded December 6, 1979 as File No. 79-511138, Official Records; thence leaving said Northerly line, North 76° 38' 59" West, 25.08 feet; thence North 86° 02' 16" West, 33.00 feet; thence North 03° 05' 39" East, 6.03 feet; thence North 50° 57' 30" West, 16.98 feet to the True Point of Beginning. Containing 404 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 LICENSE EXPIRES: JUNE 30, 2005 ~ No. 7320 J EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES ~ ~ ~ SITE ~ ' ~ --NORTHERLY LINE OF ~ ~ ~v~ ~G PROPOSED THE SOUTH HALF OF ~z~*~ n~/~ · ~ ~ ~ ~ ................ THE SOUTH HALF OF wb[(~j_~,~F~ ~ t. ~ DRIVE THE SOUTHWEST - ~ , ,,~ ~- ~ ~O t, NORTHEAST QUARTER [~ N~82727 W~ ~O' ~ ~ ~ 1322.82'~ OF SECTION10, T. 13S., ~ AA A ~, ~ ~ ~ 265.25' ~ R. 4W., S.B.M. ~v vv N DEED 1657/142~ ', .,~XB~ ~ ~ RECORDED ~ ~NETABLE ~ ~ ~ ~ ~I, JULY13,1929 uuE ~EA~,NO LEN~m h ~ ~ L6 N76'38'59"W 25.08 z TRUE ~ ~, ~ ~ ~ ,~ ~ ,...o~',~-w ~.oo D~IKIT ~ ~, PARCEbG-2 ~X~' / ~ No3'o5'39"E 6.03 '~"'' ~' ~ ~ ~X '-- ~ ~o'~,'~o"w ~.~ BEGINNING -~ ~ ~%X~/v,% . PARCEL G-5 , ~ ~ N 87'10'29" W DEED TO THE CI~ OF ENClNITAS RECORDED AUGUST 17, 2001 AS DOCUMENT NO. 2001-0587485 OF OFFICIAL ~ ~ ~ ' ~ R = 50.00' EGRfiSS BY PRIVATE RIGHT OF WAY RfiGORDED ~ ~o~os[~ p~wr[ ~o~a ~s~u~"G~". Map Check 'R~c~r~: P:\99001202 Quail Gardens Drive - Phase 3~Out Parcel~C~lc\Legal Descriptio n~Parcel G\mapcheck\PCL G-5 Slope-Drainage .mcr Date: 03/18/03 01:48 PM Title: PCL G-5 Slope-Drainage Crs Bearing Distance Northing Easting Starting Coordinates 966310.1712 246230.3352 1. N 78014'39'' E 16.53 966313.5390 246246.5185 2. S 15°00'42" E 8.92 966304.9234 246248.8289 3. S 41°03'14'' E 10.11 966297.2995 246255.4688 4. S 86°54'21'' E 20.96 966296.1681 246276.3982 5. S 65055'24'' E 26.44 966285.3817 246300.5379 6. N 76038'59'' W 25.08 966291.1728 246276.1356 7. N 86°02'16'' W 33.00 966293.4531 246243.2145 8. N 3005'39'' E 6.03 966299.4743 246243.5400 9. N 50°57'30" W 16.98 966310.1698 246230.3518 Ending Coordinates 966310.1712 246230.3352 ERROR OF CLOSURE: Delta N Delta E N 85°10'45'' W 0.017 0.0014 -0.0166 One part in 9650 Perimeter = 164.05ft; Area=403.7257 sq ft, 0.009 acres