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2003-996150 sss2s DOC " 003_0996150 Attention: City Clerk AUG THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 ~ DI~ ~ ~'S OFFI~ a~co~oso ~s~ o~ ~Y J. ~IIH, ~y ~CO~ First ~.,eHcan rifle; ll;;l l ;ll ll ll ; ; ll ll l l l flfl i[ll l llllll ll[ ~: 0.00 so~ws~oN ~No ~ 2~a-0~1~o ~AssessOC ~acce~ No. 256-233-~6 ~ [X] Portions For and in consideration of a valuable consideration, WILLI~ JOSEPH BRO~ and ~THLEEN ~ BRO~, TRUSTEES OF THE BRO~ ~VOC~LE INTER VIVOS TRUST DATED ~CH 11, 1999 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 grcwing 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 ~E~OF, the grantors hereto has cause this Easement Deed to be executed as of this 2f~ day of i~c~ , 200~. This is to certify that the interest in real property ~ ~ , conveyed by this instr~ent to the City of 8ncinitas, a municipal corporation, is hereby accepted by the undersigned authorized officer on behalf of the City of Encinitas, and the grantee here y sen s to recordation thereof by its dul~ a h offi Brown/H-l/Slope & Drainage Easement IFORNIA ALL- " ' County of ~ ~ personally know~ to me - OR -~proved to me on the basis of satisfact¢W 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/heCtheir authorized capacity(les), and that by  his/heEtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~/ ~ ~ ~ ~ WITNESS m~and and official seal OPTIONAL. ~ough the ~rma~n below is not requ~d ~ ~ it may p~ve va/uab/e to pe~ons re,lng on ~e ~cu~en~ and could prevent Description of A~ached Document i] Title or Type of Document: Document Date: ~' ~ ~umber of Pages:_ Signer(s) Other Than Named Above:_ ~~ ~ ~~ Capacity(les) Claimed by Signer(s) Signers Name: ~/~ ~ ~4~'~) Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): ~ Padner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ Attorney-in-Fact ~Trustee ~ Trustee ~Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is/Representim Signer Is Representing: © 1995 Nationar Notary Association · 8236 Remmet Ave,, RO Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder; Call Toll-Free 1-800-876-6827 ~CALIFORNIA ALL.PURPO~J~IICKNOWLEDG MENT Stateof, ~~ Coun of 38,525 personaffy appeared ~~ ~ Name(s) of Signer(s) ~ personally known to me - OR -~proved 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  his/her/their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument. ~ ~ WITNES my hand and official s al. g ~nature of N OPTIONAL . Though the information below is not required by la~ it may prove valuable to pe~ons relying on the document and could prevent fraudulent removal and rea~achment of this form to another d~ument. Description of A~ached ~ocument 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 Title(s): ~. ~ Corporate Officer ~tle(s): _. ~ Padner-- ~ Limited ~ General ~ Padner -- ~ Limited ~ GeneraJ  AEorney-in-Fact ~ Attorney-in-Fact rustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Sign~ Is Representing: Signer Is Representing, EXHIBIT A (LEGAL DESCRIPTION) 38526 EASEMENT FOR SLOPE MAINTENANCE PURPOSES PARCEL H-1 That portion of Parcel 4 of Parcel Map No. 3320 in the City of Enbinitas, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, December 19, 1974 as file No. 74-329632 of Official Records, described as foflows: Beginning at the Southeast comer of said Parcel 4, thence along the Southerly line of said Parcel 4 North 89°55'08" West 47.84 feet; thence leaving said Southerly line of Parcel 4 North 27°03'46'' West 21.75 feet; thence North 72°27'33" East 44.84 feet; thence North 20°12'05'' East 21.51 feet; thence North 1"55'04" East 52.68; thence North 7°48'16'' East 98.06 feet to the Northeast corner of said Parcel 4; thence along the Eastedy line of said Parcel 4 South 2°07'29'' West 203.08 feet to The Point Of Beginning. Containing 2,773 square feet, more or less. TOGETHER WITH all abutters Right of Access along the course hereinabove described as the Eastedy line of said Parcel 4 South 2007'29'' West 203.08 feet. 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 Exp. 06/30/05 ~ No. 7320 ~.~ EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE PURPOSES /////// RELINQUISHED HEREON VICINITYMAP NO SCALE 121,77, ~ N87"53'10'~ / ~ 130.00' ~ ~ N87~52'3 I"W ~ ~EXiSTI~G 30.00 FOOT WI~E I~EVOCA~LE ~ NO. 74-309926 OF OFFICIAL ~ECO~S. 204,07' N 89055'08" W 251.91' POINT, BEGINNING (SOUTHEAST CORNER OF PARCEL 4 OF P.M. NO. 3320) CE PROPOSED QUAI GARDENS DRIVE