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2003-1457555 . . 8 'f.OT ~ '~n5~- np.¡'ii Û iU¡ l -1+ ," l ,j-l~. R I. ~~ ."./ - ,l- . ,.,.J '.,' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: E 09~ ::?OO:::5 -:;;:; = :¡:; ¡:::-" F"""li -.....' = ,-,~ DFFICIAL RECORDS Attention: City Clerk SAi'! DIEGD CDUNTV ~.'ECORDŒ'S OFFICE THE CITY OF ENCINITAS CiF:EGDRY ,J" srHTH, COUNTY RECORDER 505 S. Vulcan Avenue FH:S: 0.00 Encinitas, CA 92024 DC: ~!A ft1 q (Space above 'm. line for Recorder's nse) ~ Exempt from Recording Fee Exempt from Documentary Transfer Tax OU k Pursua~t to Government Code § 6103 Pursuant to R&T Code § 11922 ~ ì ¡ .' \/ JG<'V EASEMENT DEED /&- ./ Assessor Parcel Number(s): 258-420-04 [ ] All [X] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL HELBOCK and MELINDA J. HELBOCK, husband and wife as joint tenants HEREBY GRANTS TO THE CITY OF ENCINIT AS, 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 Parcel 2 as follows: See legal description in Exhibit "A", and depiction in Exhibit "B", attached hereto by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above- described parcel ofland 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 WIJEREOF, the grantor hereto has cause this Grant Deed to be executed as of this ..' S"Œ day of ~ ' zoo-=- " -~ ;;ø~7fA ~~~- MICHAEL HELBOCK ~ LINDA. ELBOCK Owner Owner EXHIBIT B (1/5) - 8 8 STATE OF CALIFORNIA ) COUNTY OF 6o.r\ ) SS. U', f'\~ D ) On be ceffi~r it. ..2 ü(Y3 before me, Amû(\~ ~Je.'f\dJ. J~t)\().ci P(Á.bìJ L (Name and Title of Officer) personally appeared I'/ì; ChÜf.\ "* ()tJ\ "'ÓO.. ~t\b~Ck: , ~rsonally known to me - or - 0 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 1lli'~hP/they executed the same in ~/their authorized capacity(ies), and that by htsflrer/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. -.L~ 1,J~ !~ . Å- ( ¡ ."' ...:.~ ;';',;;. ~~ J Signature of Notary Public - Convniaaion . 1383&41 z ~. Notary Public - Callfamia ~ ) Sa. .... ~ f - - - -My~.:..~~~5.:.2~ ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument to the City of Encinitas, is hereby accepted by the undersigned agent on behalf ofthe 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 thereofby its duly authorized officer. Dated: I;:¿ /~ /C"\ / , By: vA Cl OJ. , - ~ Peter Cota-Robles,P.E. Director of Engineering Services City of Encinitas EXHIBIT B (2/5) - 8 8 EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258-420-04 . PARCEL 1: THAT PORTION OF LOT 4 OF THE CITY OF ENCINIT AS TRACT NO 90-209, IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, 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 4, THENCE ALONG THE EASTERLY LINE OF SAID LOT, 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 73° 09'45" EAST; THENCE NORTHERLY 78,75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 7° 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 ° 04'42" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH 58°14'34" WEST 7.99 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCA VB NORTHWESTERLY AND HA VING A RADIUS OF 468.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 77° 04'56" EAST; THENCE LEAVING SAID NORTHEASTERLY LINE AND CONTINUING SOUTHERLY 84.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°22'04" TO A POINT ON THE SOUTHERLY LINE OF SAID LOT; SAID POINT BEING DISTANT NORTH 88° 02'55" WEST 15.54 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66° 42'52" EAST; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88° 02'55" EAST 15.54 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 892 SQ. Ff, MORE OR LESS PARCEL 2: EASEMENT FOR SLOPE PURPOSES THAT PORTION OF LOT 4 OF THE CITY OF ENCINIT AS TRACT NO 90-209, IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DŒGO COUNTY AUGUST 6, 1996 AS MAP NO. 13345, DESCRIBED AS FOLLOWS: Revised December 16. 2002 Page I of2 APN 258-420-04 P;\SUR VEY\ANN A \SAN D IEGO\Q U AILGARD\D EG\LOT 4. DOC EXHIBIT B (3/5) - . 8 8 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE EASTERLY LINE OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY RIGHT OF WAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON-TANGENT CUR VE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 73° 09'45" EAST; THENCE NORTHERLY 78.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 7° 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 ° 04'42" EAST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH 58° 14'34" WEST 8.21 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 23°45'12" WEST 87.61 FEET TO THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88° 02'55" EAST 24.75 FEET TO THE POINT OF COMMENCEMENT, EXCEPTING THEREFROM THAT PORTION LYING WITlllN PARCEL 1 DESCRIBED ABOVE. CONTAINING 492 SQ. FT. MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: ~~aJ2 \'ZI'I./~ ANNA M, BEAL, P.LS, 4955 DATE EXPIRES 12/31/01 Revised December 16, 2002 Page 2 of 2 APN 258-420-04 P:\SUR VEY\ANN A \SAND ŒGO\QUAILGARD\DEG\LOT4.DOC EXHIBIT B (4/5) - , ' EXHIBIT B ~ RIGHT OF WAY FOR PUBUC STREET PURPOSES ø PUBUC DfWNAGE fASl.tENT GR.4MED TO CITY Of ENCINITAS PER MAP NO, 13345, <D 6=09'39'49" , LOr 3 @ PRIVATI RECIPROCAl ACCESS ESMT, FOR R=570,OO' B INGRESS AND EGRESS PER AlE NO, L=96.14' 1998-0089685, O,R. (ì) 6=754'5; @ PRlVAlE DRAINAGE ESUT. GRNlJID TO C CITY Of ENCINITAS PER MAP NO, 13345, R=570,OO' L=78.75' . ø PROPOSED PRlVAlE SEWER & WATER ESt.fT, 6=01'«'51' AS SHOWN ON MAP NO. 13345. Q) R=570.00' L=17,39' LOr. 6=0705'16" ----n G) R=189.26' -- ~ .--' L=23,41 , ~ CO ,/' - I G> 6=46'15'42" ø~'/ ~¡ R=50.00' ~ ' ~ L=40.37' / N, ~ PARCEL 2 j' ~ I &i Œ> 6=7126'51f ' ~ ~ R=50.00' / ;..- I~ L=63.22' f -, ~¡~i~ ~\ :ri ~ \,' ~ I a ~ ~i \ ~I \ La" Y DETAIL ~., ~ II.W REVISED 12/13/02 r-.., 2001 EAST FIRST STREET L_..J ASSESSORS PARCEL NO,: 258-420-04 SANTA ANA, CA. 92705 (714) 568-7300 OWNER: P: \SUR-Æ'Y\ANNA \SANDlECO\QlJAlCARD\DWG\OUAJLGARD.OWG . EXHIBIT B (5/5) -