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2001-419316 ' DOE 2001-0419316 Recorctlng Requested By: ) Jtll-1 21, 2001 55: 06 F:'?,i ) City of Encinitas ) OFFICIAL RECORDS ) SAN DIEGO COUNIY RECORDER'S OFFICE Whan Recorded Mail to: ) GREGORY J. SMITH, COUNTY RECORDER City Clerk ) , ELS 0.0O City of Encinitas ) 0C: HA 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ) FOR THE BENEFIT OF THE CITY ) ) SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Project No.: CMS00J 254-180-75 W.O. No.: 0033-SI Daniel J. Vahaila and Mary G. Vahalla, husband and wife, as community property hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City of Encirdtas, State of California, hereinatter called GRANTEE, an easemem upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, and inspection of a storm drain and drainage structures together with the perpetual right to remove trees, bushes, undergrowth and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easemem and fight-of-way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, There is reserved to the Grantor, his successors and assigm~ the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use by the Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this /O dayof 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 agem 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: Alan D. Archibald, Director of Engineering Services City of Encinitas EXHIBIT "A" LEGAL DESCR.IPTI(~ ASSESSOR'S PARCEL NUMBER: 254-180-75 VESTING: DANIEL J. VAHALLA AND MARY G. VAHALLA HUSBAND AND WIFE AS COMMUNITY PROPERTY A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3 TOWNSHIP 13 SOUTH RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCiNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SAID PORTION LYING WITHIN PARCEL 1 OF PARCEL MAP 3150 RECORDED OCTOBER 24, 1974 AS FILE NO. 74-284041 IN THE OFFICE OF THE RECODER OF SAID COUNTY DESCRIBED AS FOLLOWS: THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 30.00 FEET TOGETHER WITH THE EASTERLY 20.00 FEET OF THE WESTERLY 25.00 FEET OF SAID PARCEL 1 AND A PORTION OF THE NORTHERLY 10 FEET OF SAID PARCEL 1 BEGINNING AT THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 83°20' 43" WEST 2.05 FEET; THENCE LEAVING SAID NOTHERLY LINE SOUTH 32002'45" WEST 12.81 FEET TO A POINT 10 FEET SOUTHERLY MEASURED AT RIGHT ANGLE TO SAID NORTHERLY LINE THENCE PARALLEL TO SAID NORTHERLY LINE NORTH 83°20'43'' EAST 9.91 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE NORTH 05°47'08'' WEST 10.00 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 5,381 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. C: \ SDSK\PROJ\RAINBOW\ LEGALS\VAHALLA. DOC EXHIBIT "B" NE OORNER PCL. 1 PM 3150 ~ SCALE 1"=40' · . '..'-'.4 SEE DETAIL '.".'. '.".'. '." HEREON UNE TABLE LINE LENGTH SEARING L1 2,05' S83'20'4-3"W L2 12.81' S32'02'4-5"W ?C'l -J L3 9,91' I N83'20'43"E ~ ~-" ~ L4 10.00' NO5'47'OS"W NE CORNER / PCL. 1 PM 3150 NO SCALE N89'50'52"W 158.97' LA COSTA A~E, "~p.; 6/~0/ NO SCALE 2004 · NO. 3997j ~ CITY OF ENCINITAS EASEMENT PLAT DIMENSIONS SHOWN HEREON ARE DERIVED FROM RECORD DATA A.P.N.: 254-180-75 Right-of-Way Engineering Services, inc. Land Surveying VESTING: 4167 AVENIDA DE LA PLATA, SUITE 114, DANIEL d. VAHALLA & MARY G. VAHALLA OCEANSIDE, CA. 92056 HUSBAND & WIFE, AS COMMUNITY PROPERTY (760) 752-1366 ACAD FNAME: VAHALLA.DWG DRAWN: MJG I DATE: 4/10/01 I SHEET: 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ Z~,<D j~ ss. On/~4 /~)., O~)L~) / , before m~,'~-,)O,'~ ~ Date Name and Title of Officer (e,g., "Jane Doe, Notary Public") personally appeared ~)~:>tT~,~I ~ Name(s) of Signer(s) [] personally known to me ..~'"~oved to me on the basis of satisfactory evidence -~!-~[~ .... RANDA(~F-FI-C-I~';~E-A~-G. .... I to be the person(s) whose...,name(s)c::~re subscribed to the within ~JAs[rument and MILLJOUR := acknowledged to me th..AJ.ta~(sb~tfley executed ,~ L-~,m,'~'~ N OTA R Y PUBLIC-CALIFORNIA a- ~[..~/,j COMM. NO. ~204250 ~ the same in hrs/.bef/their authorized ~! \'"~,~i~'/ SAN DIEGO COUNTY!l capacity(les), and that by hi~'/h'~heir "~ MY COMM. EXP. JAN. 6, 2003 "- ........................ ) signature(s) on the instrument the perC6~(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. Place Notary Seal Above [ ~ Sigr~ ~ Notary Publicfl 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 Top of thumb here [] Corporate Officer-- Title(s): [] Partner -- ~ Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: 997 Nalional Notary Association · 9350 De Sore Ave., P.O. Box 2402 · Chetsworth, CA 91313-2402 Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'/'~ ~ .j~ ss. On/"~.,'~ /~), ~..J/, before me,~,,'~,,~ -~' Da~ Name and Title of Officer (e.g., "Jane ~3oe, Notary Public") personally appeared ~1~7C) 1~ L-' Name(s) of Signer(s) /~rsonally known to me eyed to me on the basis of satisfacton/ evidence !~ OFFICIAL SEAL ~ to be the person(s)whose name(s)~re -=/.~:...,-.4~E~$ RANDAG, MILLJOUR:~ subscribed to the with~instrument and ~ I-='~-:1 N eTA RY PUBLIC-CALl ~_ \ ~-'~T~'~/ COMM. NO. ~204250FORNIA~ acknowledged to me~ t~q~.b_e~e/t hey executed · \'~'/ SAN DIEGO COUNTY ~ the same in ~3jis.~l~er/their ~thorized ~ capacity(les), and that by hi~__~.~3qer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _~ESS my hand and o.fficial seal. Place Notary Seal Above ~JJture of Notary P~7~C 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(ies) Claimed by Signer Signer's Name: ~ Individual Top of thumb here [] Corporate Officer -- '13tle(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: 11997 National Notary Association · 9350 De Soto Ave., P.O. Box 24G2 · Chatswor~h, CA 9t313-2402 Prod NO. 5907 Reorder: Carl TolJ- Free 1-800-876-6827