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2005-347154 . DO~ # 2005-03471 54 11111111111111111111111111111111 11111111111111111111 111111111111111111 RECORDING REQUESTED BY: First American Title- SAN DIEGO FlP Subdivision Mapping Dept. 6P WHEN RECORDED MAIL TO: N P City of Encinitas D ~ylbV 505 S. Vulcan Avenue 11660 2~ "'" , Encinitas, CA 92024 UJ' - Attn: City Clerk APR 26,2005 1 :44 PM OFFICIAL RECORDS ~;;N DIEGO COUNTY RECORDER'S OFFICE GREGOR'! J. SMITH. COUNTY RECORDER FEES 0.00 DC N.; P,c..GES 5 11011111111 Hili 1111111111 81111111111111 III1111I111111 NIIIIIIIIIIIII Nil 1111 2005-0347154 Order No. 02-1725PM A PN- 251- 0 iH '3 I,N t'II" . / lY'- _).., J :0 .' EASEMENT DEED Irl THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 1 IU....::O~~NG REQUESTED B~ AFTER RECORDING MAIL TO: . 11661. Att~ntion: 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 - GOVE~NT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 257-011-13 [ ] All [X] Portions EASEMENT DEED For and in consideration of a valuable consideration, STANLEY N. NEILL and JANET N. NEILL, TRUSTEES OF THE NEILL FAMILY TRUST OF 2000, U/T/D DATED JUNE 7, 2000, FOR THE BENEFIT OF STANLEY N. NEILL and JANET N. NEILL 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 prohibi ted except by wri tten permission from the City of Encinitas. IN WITNESS WHEREOF, be executed as of this ~ the grantors day of Easement Deed to 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 behal of the City of Encinitas, and the grantee her by nsen to recordation thereof by its dul ut rlzed ffice Dated "I. 1%.03 7J' '-;;iff' w./ /"" Nei11/F-2/S1ope & Drainage ~~LlFORNIA ALL-PURPOS'ACKNOWLEDGMENT . 11662 ~~,a:'.c<'~&,A;{'.c<'~.c<'''''',c('<X'..c!'<X'~.c<'&('~=q'.c<'~<X'=<X'-C<'.c&{'..c<'~<X'-=.c<'<X'.c<'<X'<O'0c<'&,{,''''''.cQ.<X'.Q~ I maw" CoJilMJIU-~ I 2, County of '> ~~ ~ 2 II ~ 2 ~ g ~ :enrsOnallY appeared ~ ? D personally known to me - OR - D proved to me on the basis s tisfactory evidence to be the person(s) ~ ~ whose name( . lare subscribed to the within instrument ~ 2 and acknowledged to me that helsh they xecuted the ~ ~ same i~he~uthorized capacity les), and that by ~ ~ JOHN THOMPSON J his/he~signature(s) on the instrument the person(s), ~ <;, Camm. # 1278666'" or the tity upon behalf of which the person(s) acted, ." ~, execut he instrument. 8" I ~ g ~ WITNE m hand and official seal. ~ 2 g ~.' ~,," ~; Signature of Notary Public y> ~ OPTION .~ ~ Though the information below is not required by law, it may prove val Ie to persons relying on the document and could prevent ~" ' <\1 fraudulent removal and reattachment of t form to another document. ~ ~ g ~ 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(s) ~ ? g ~ Signer's Name: Signer's Name: ~ ~ 6 ~~;~~r~~~ Officer 6 ~~;~~r~~~ Officer g ~ Title(s): Title(s): ~ ~,!, i, D Partner - D Limited D General D APttaortrnneerY_'ln~FaLcitm ited D General ~ ,~ D Attorney-in-Fact D ~ ~ D Trustee D Trustee ~ 2 6 g~h~~ian or Conservator 6 g~h~~ian or Conservator Top of thumb hece ~ ~ g ~ g ~ ~ 2 g ~ Signer Is Representing: Signer Is Representing: ~ 2 g ~'X>G<,.~"<.~'Q<.,"C0'Q<.,~"<O{;'X'C<;='(O<;'C(.'g,.~,='(O<;~='C<;="",~x";==~~~"<.""=~'<<.'C0'G<;'<O"G<;"<.'<U;='<'X)<Yj @1995 National Notary Association' 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 " . 11663 EXHIBIT A (LEGAL. DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES PARCEL F-2 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 88022'29" East 336.70 feet from the center of said Section 10; thence leaving said East and West centerline of Section 10 North 07053'46" West 32.30 feet; thence North 15000'39" West 136.90 feet 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 88027'27" East 17.74 feet to the intersection of said Northerly line with the Westerly sideline of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC RIGHT OF WAY PURPOSES recorded November 1, 1989 as File No. 89-594744 of Official Records of San Diego County; thence leaving said Northerly line along said Westerly sideline of File No. 89- 594744 and its Southerly prolongation South 15000'39" East 144.25 feet to a tangent curve concave Northeasterly having a radius of 2032.00 feet; thence Southeasterly 25.97 feet along said curve through a central angle of 0043'56" to a point on said East and West centerline of Section 10; thence non-tangent from said curve along said East and West centerline of Section 10 North 88022'29" West 22.09 feet to the Point Of Beginning. Containing 2,961 square feet, more or less. TOGETHER WITH all abutters Right of Access along the course hereinabove described as South 15000'39" East 144.25 feet. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. ~/L~~ BRIAN K. MICK LSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2005 '. . . 11664 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES V> ~ ""'If( BLVD VICINITY MAP NO SCALE -- 288.57' 17.74' ~ o '" N co ~ ~ NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, T. 13 S., R. 4 W., S.B.M. ~ ~ o o ~ ... co N co ~ r) .n. No. >U in f'I '" '" " N o Z _ ^ ^ L 322.14' (322.11') Vvv ------- A ~ o o '" of S. ~=1 06"38'1 0" -J880-J R=20.00' L=37.22' (~=1 06"39'00") (R=20.00') (L=37.23') b N 07"53'46" W C'") 32.30' 336.70' - POINT OF BEGINNING PARCEL F-2 CENTER OF SECTION 10, T. 13 S., R. 4 W., S.B.M. fL Ii 111~ BRIAN K. MICKELSd~,vL.s. # 7320 MY LICENSE EXPIRES JUNE 30, 2005 ~ PROPOSED QUAIL GARDENS DRIVE 1322.82'-VV-- ..> -l ..., '6> ~=0"43'56" OJ. R=2032.00' ~ L=25.97' -;> -t \ 63.97' ';0\7 r- \\ \\ \\ ,...:l .> 6> 0 " ",0<1' . 0'" 6>'0> cp. o. 6>. SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE <."~ NORTHEAST QUARTER OF l..\1A"~".c--- SECTION 10, T. 13 S., R. 4 W., S.B.M. ___ W-OIP-'- @-EXISTING IRREVOCABLE OFFER TO DEDICATE '. REAL PROPERTY FOR PUBLIC RIGHT OF WAY NOTE: DATA SHOWN IN PURPOSES RECORDED NOVEMBER 1,1989 (PARANTHESES) HEREON IS AS FILE NO. 89.594744 OF OFFICIAL RECORDS. RECORD PER O.R. 89.594744 /////// INDICATES ABUTTERS ACCESS RIGHTS RELINQUISHED HEREON WESTERLY LINE DEED 1657/142 b '<t II - ~ ~ o \ 0. \ ,.., q :Z. , 6P 28' 31'