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2002-161317
RECORDING REQUESTED BY: # 112002 DOC -016131 AND WI~IEN RECORDED RETURN TO: ~/7~ ~ FEB ~ ~] ~ ~ ~N ~EGO COUNTY ~ECO~DE~'S OFF~CE GERRY J. ~ITH, BOUNTY RE~RE~ OC: NA (Please fill in document title(s) o~th~i~ li'ne~ · THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Ree. Form #P~5 (7/3/97) RECORDING REQUESTED BF AFTER RECORDING MAIL TO: Attention: City Clerk 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 - GOVERNMENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 258-420-27 [ ] Ail IX] Portions EASEMENT DEED For and in consideration of a valuable consideration, MICHAEL JON SWIDLER and DEENA BETH SWIDLER, husband and wife as joint tenants, 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 assiqns the continued use of the above-described parcel of land subject to the fJllowing 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 Easemer~ Deed to be executed as of this ~O~ day of ~Y~q~-~ .~ , 2Q~Z~ ~ · 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 hereby consents to recordation thereof by BYI~s~.' ~I. ~ ' ./~ o~ its duly a thorized . Dated ~/ ~/ O ~ Slope & Drainage Easement AGREEMEN'~) CONVEY EASEMENT, SETTLEMENT~..EASE AND PROMISE TO PAY FUNDS This Agreement to Convey Easement, Settlement Release and Promise to Pay Funds ("Agreement") is made by and between MICHAEL JON SWIDLER and DEENA BETH SWlDLER, Husband and Wife as Joint Tenants ("Grantors") and the City of Encinitas, a municipal corporation ("Grantee") who agree as follows: Grantors shall convey to Grantee a slope and drainage easement over, under, along and across the real property containing 291 square feet as more particularly described in the legal description attached hereto and incorporated herein by this reference for the improvement of Quail Gardens Drive, a public project. In exchange therefor, City shall pay to Grantors the sum of THREE THOUSAND FOUR HUNDRED N1NETY TVVO DOLLARS AND NO CENTS ($3,492.00) as total just compensation. City shall make said payment to Grantors within ten (10) working days of receipt of the executed and notarized deed conveying said easement. The parties acknowledge that the irrigation system within the public right-of-way and adjacent to the real property is currently fed by a private water connection from the real property. City shall cut and plug the existing private water connection and reconnect the irrigation to the public system and restore the landscape at no cost to Grantors. Grantors acknowledge and agree that receipt of said payment extinguishes any and all claims of every nature and kind that Grantors could have raised in connection with City's acquisition of said property for said public project, including all known and unknown claims. Grantors expressly waive any benefits under California Civil Code § 1542 which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor./////~1.,"')//HI"/ ~.~.~ R ~~., MR/i~C . ~~~ ' ' R Dated: D~ENA BETH SWIDLER GRANTEE: C,T O.F Dated: By: ~,~'~..J~e~as to fo~: ~ Li~da D, Ba~, Esq. ~ecial Counsel for the Ci~ of En~nitas ml6570-1 CALIFORNIA ALL-PURPOSE~KNOWLEDGMENT State of C,~/~4 ~/L,f//d~ cou. of personallyappeared ~ personally known to me - OR - ~roved to me on the basis of satisfactow evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), ¢¢~-~ ~r~ ~ or the entity upon behalf of which the person(s) acted, .~_.__p~IClA ~EW ~ executed the instrument. ~ ~MM. ~. I~?~ ~ WITNES~ my hand and official se~l. ~o~ ~ information ~olow ~ not roqu~r*~ ~ Ia~ it m~g ~rovo v~lo~lo to po~oos r~lyi~ on t~ ~ocumont ~n~ ~ul~ provont trao~ul*nt romowl an~ roa~c~mont o~ t~s ~o~ ~o another litlo or Type of Documont: Documont Dat~: ~umbor of Si~nor(s) Othor lhan ~amod S~nor's ~am~: Si~nor's ~amo: D IndMdual D individual ~ Corporate Officer ~ Corporate Officer Title(s): ~tle(s): ~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Consewator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 1994 National Notary Associetion · 8936 Remmet Ave., RO, Box 7184 · Canoga Park, CA 91309-7184 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-9827 CALIFORNIA ALL-PURPOSE~CKNOWLEDGMENT State of C__./~t ~'0 ~ ~ County of --'~¢2¢)~ --~f On ~-~- /6 ~-o-~ I beforeme, ( Date N~me and 33tie of Officer (e,~., "Jane Doe, Nofar~ Public") personally appeared ~'~/C/-~.g/:~/_ --T-~'C,,)L~L.~f~ ~' ~.~J~]l/./~ /~"/-/~ .~(~U~ L~/...~__./~, Nam,~{s) of Signer(s) [] personally known to me - OR -'[~Proved to me on the basis of satisfactory 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 I,ffs-/hef/their authorized capacity(les), and that by IYta,~ae+'/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ~.1 COlaM. NO. !.'~rv,78 - executed the instrument. t/~YCOI4kC EXP, JUNE2~ 3006R WITNESS my hand and official seal. OPTIONAl. Though th* inrormat]on below is not r*quirod by law, ~ m~y prow v~luabl* to por~ons rolyin~ on th* clocum*nt an~ coul~ prownt tr~u~ulont romowl ~n~ roattachmont o~ this term to another ~ocum~nt. D~¢ription of Attached Document Title or lype of Document: Document Date: Number of Pages: Signer(s) Other Than Named ^hove: ~p~¢ity{i~$) ~laim~d blt Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: 1994 National Notary Association · 8236 Remmet Ave., P.O, Box 7184 · Cancga Park, CA 91309~7184 Prod, NO. 5907 Reorder: Call Toll-Free 1-800-876~827 EXHIBIT B RIGHT OF WAY FOR PUBLIC STREET PURPOSES (i) R=570.00' C'O L=96.14' '~ ~ No. 49rx5 ~ ' - ~ R=50,O0' R=50.O0' NOTE 8~RINGS AN~ DI~CE5 SHOWN NSffO2'55"W H~EON ~ B~N ROTATED 104.46' RECORD ~TA PER TR. ~. 90-209, X[A' ~ =F35 1~ THE 8~ING FOR ~[ CE~[RLtN[ % %G R=4~.O0 / LEGEND OE~OIES AR~ 10 BE TO C~ OF [~CIN~ FOR 2001 EAST ~IRST STREET AHD HIGHWAY PURPOSES, ~S[SSORS PARCEL NO.: 25~-420-27 (~4) 568-7300 2~1 80. ~. ~ OWH[R: EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURP.OSES PARCEL NO. 258-420-27 THAT PORTION OF LOT 3 OF CITY OF ENCINITAS TRACT NO 90-209, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CAL]YORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3, THENCE ALONG THE EASTERLY LINE OF SAID LOT THROUGH THE FOLLOWING COURSES: SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT OF WAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81° 04'42" EAST; THENCE NORTHERLY 17.39 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 01° 44'51" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 189.26 FEET; A RADIAL LINE THROUGH POINT OF COMPOUND CURVE BEARS SOUTH 82" 49'34" EAST' THENCE NORTHERLY 23.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 05'16"; THENCE NORTH 0° 05'10" EAST 36.52 FEET TO THE CUSP OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 468.00 FEET; A RADIAL LINE THROUGH SAID CUSP OF CURVE BEARS SOUTH 86° 04'41" EAST; THENCE LEAVI~qG SAID EASTERLY LINE AND SOUTHEASTERLY 73.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9" 01'45" TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 3; SAID POINT BEING DISTANT NORTH 58° 14'34" WEST 7.99 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 3; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 77° 04'56"EAST; THENCE ALONG SAID SOUTHERLY LINE SOUTH 58°14'34" EAST 7.99 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 291 SQ. FT. MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: A~I~L~ ~0~. BEAL, P.L.S. 4955 bATE EXPIRES 12/31/01 Pag¢l of l APN 258-420-27 ' p:~SURVEY~ANNA\SANDIEGO\QUAILGARD\DWG'xLOT3.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ ~ ~, ss. On c~,/~--.) D/~t?~'/'/'/'/'/'/'/'/'/~ ,before me,~/~),'~ Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared ~J~_~t~,~-/~ Name(s) el Signer(s) [] personally known to me e~vidroved to me on the basis of satisfactory er~ce ~r ~ OFFICIAL SEAL ~ to be the person(s) whose name(s) i~re a~,'"-~ RANDAG. MILLJOUR ~ subscribed to the with~instrument and - ~'~ NOTARY PUBLIC-CALIFORNIA~ ~ t'~-.-.a'2EI~ COMM. NO. ]204250 ~ acknowledged to me--he/they executed I~/ My COMM. EXP. JAN. ~, 2003SAN DIEGO COUNTY ·· the same in h~er/their .~-~orized ~ capacity(les), and that by hi(._bLs.~er/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 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 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: © 1997 National Notary Association · 9350 De Soto Ave., PO Box 2402 · Chatsworth, CA 91313-2402 Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California county of ss. On ,~_~. 22/.~2__,, before me,~,'¢/'20/~ personally appeared ~)Z:'Z:/.'U,,~ ~E_,~7 [] personally known to me ~roved to me on the basis of satisfactory evidence .~[~M-,t~ RAND^G MILLJOUR ~ to be the person(s) whoso name(s)~re ~,~NOTARYPUBLIC-CALIFORNIA.~ subscribed to the within instrument and ~ ~:~-~/~ COMM. NO. ]204250 acknowledged to me tha~ney executed ~ ~'~11~,,/ SAN DIEGO COUNTY I "~;~ MY COMM. EXP. JAN. ~, 2(X33 m the same in his~.~.~/fheir a u~c.i,zed ....... ~ ................ ~--J' capacity(les), and that by hi he,~eir 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. 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: