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2006-471048 City ofEncinitas effl ) ~~ ,~) JJr ) ) ) ) ) ) ) -'-----~-------- --------- -------------------------- )SPACE ABOVE FOR RECORDER'S USE QNLY DO. 2006-0471048 111111111111111111111111111111111111111111111111111111111111111111111 . Iteoording Requested By: When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 JUL 03, 2006 3:46 PM OFFICIAL RECORDS :::AN DIEGO COUNTY RECORDER'S OFFICE ClREGOR'r' J. SMITH, COUNT)' RECORDER FEES: 0.00 OC: NA PAGES 6 FOR THE BENEFIT OF THE CITY 1111111111111111111111111111111111111111111111111111111111111111 wr'l -oh c:{tO ~ Assessor's Parcel No. If' ;- 262-062-19 SLOPE EASEMENT FOR CITY mGHW AY DOCUMENTARY TRANSFER TAX $ t1 Project No.: W.O. No.: ),.-.!o ROBERT RATLIFF and JENNIE RATLIFF, Husband and Wife hereinafter called GRANTOR(S), do hereby grant, convey and dedicate to the CITY OF ENCINITAS, STATE OF CALIFORNIA, hereinafter called GRANTEE, an easement for excavation and embankment slopes for a public highway upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The GRANTOR hereby further grants to the GRANTEE all trees, growths, (growing or that may hereafter grow), and road building materials within said easement, including the right to use the same in such a manner and at such locations as said GRANTEE may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said public highway. SlopeEasement-Ratliff.doc 1 e e The GRANTOR, for himself, his successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this ~daY of 2006. OWNER: ~ober-\- 'M-11-t-t ~~~\e., Ro.:!-u ff 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 agent 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. ::~:tt~$ -..... Peter Cota-Robles, P.E. Director of Engineering Services City of Encinitas (Notarization not required) SlopeEasement-Ratliff.doc 2 , a. .. . 1 ., _ ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT p~.G<"...(!!i(.'.G<'~~~~.a9'~~~~~~~~.a<.<'>..l*'.rn"~~.G('.-6'(.'~..e<'.e<'..c<'.d'..0('~-<X'R.<'~~~,('X'.c<'.,C(,'-C! R ~ State of C tA.1 i fnmi '^' . R 5 :12' g County of ( An 1€00 ~ On -8/.W<1. M'l cH1Jf.A ~ ~.. g personally appeared ~ e ~d J{ g f p f: p ~ ~ ~ :f',! ~ ~ ~ ~ ~ I.:~ I ~ ~ !. , ~ ~ k ~ t ~. ? ,^' ~. .:': ~ ~ ~ .~ ~ ~ ::S Q g ~ li ,x ~ ~ ~ ~ :~ ~ () .;.:, ~ ,;':' ~ ~ ~ ~ ~ ~ ~ ::') ~ . R ~~'YI)~~~~--~~~~~~~~~~~~~~~~~~~Y0_ C 1995 Nalionlll 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 I- !. I' I. j. '. , !. I. ~ . -y"'- ..' e i J ~ef8onall~ "IIV"" to ""6 OR - ~rOved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ji.4lre subscribed to the within instrument and acknowledged to me that ~/they executed the same in Rielfl9!;/their"authorized capacity(ies), and that by Ri~Jl;)9r1their signafure(s) on the instrument the person(s), gr tf:le el1tity UJ.lVII bt;hall vI "hi...l, the l'erseA(s~ a~tQd, executed the instrument. ( ~ (, <:- .~ 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 litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: C~pacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o hidividuaJ o Corporate Officer litle(s): o Partner - 0 limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: o Individual o Corporate Officer litle(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: RIGHT THW.1BPR!NT 0, SICNER Top of thumb here Top of thumb here Signer Is Representing: Signer Is Representing: e e EXHIBIT "A" LEGAL DESCRIPTION VESTING: ROBERT RATLIFF AND JENNIE RATLIFF, HUSBAND AND WIFE AS JOINT TENANTS APN: 262-062-19 PARCEL A SLOPE EASEMENT THAT PORTION OF THE WEST 74.905 FEET OF THE SOUTH 210.00 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST 5.095 FEET OF THE SOUTH 200.00 FEET OF THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN INDIVIDUAL GRANT DEED, RECORDED AUGUST 15, 1996 AS DOCUMENT NO. 1996-0416037, DESCRIBED AS FOLLOWS: THE SOUTHERLY 38.00 FEET AS MEASURED AT RIGHT ANGLES, EXCEPT THE SOUTHERLY 20.00 FEET THEREOF. CONTAINING 1,440 SQUARE FEET MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ~~~ MICHAEL SCHLUMPBERGER, PLS 7790 p1...v , z~ U:D~ DATE ACCESS AND UTILITY EASEMENT TO OLlVENHAIN MUNICIPAL WATER DISTRICT RECORDED DECEMBER 16, 1964 AS FILE/pAGE 227974 ACCESS AND PUBLIC UTILITY EASEMENT TO DORTHY S. KLlFF RECORDED MARCH 4, 1969 AS FILE/pAGE 38267 EXHIBIT "B" II // 10'/ j.- // 1/ // I 8' LI..- /1 // SCALE 1"=30' ASSESSORS' PARCEL NO. 262-062-19 GRAPHIC SCALE 30 0 15 30 ~ ~ I 1 INCH - 30 FEET ROAD EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED OCTOBER 25, 1927 IN BOOK 1406, PAGE 150 MANCHESTER AVENUE NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. DENOTES AREA OF r/ / ~ EASEMENT ACQUISITION 1,440 SO. FT. MORE OR LESS CITY OF ENCINITAS EASEMENT PLAT Right-Or-Way Engineering Services. Inc. Land Surveyinc 4187 Avenida de la Plata Sta. 114 . Oceanside, CA 92056 . (780) 732-1388 FAX (780) 732-1367 Drawing file nome: Manchester Slope Easement Plat.dwg VESTING: ROBERT RA TUFF AND JENNIE RATLIFF, HUSBAND AND WIFE AS JOINT TENANTS DA TE: MAY 24, 2006 SHEET 1 OF 1 e ft e ....................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . : Place Notary Seal Above . . . . . . . . . : Though the information below is not required by law, it may prove valuable to persons relying on the docu- : ment and could prevent fraudulent removal and reattachment of this form to another document. . . . : Description of Attached Document : Title or Type of Document: . . . . : Document Date: . . . : Signer(s) Other Than Named Above: . . . : Capacity(ies) Claimed by Signer . . . : Signer's Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . : Signer is Representing: . . . . . ........................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } ss on2UAL 2.1 2ttJh, before me, Randa G. Milliour. Notary Public, personally appe red Peter'Cota-Robles, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~~ '.' Randa G. MilljOUr~ ~ OPTIONAL Number of Pages: f. o Individual o Corporate Officer- Title( s) o Partner-o Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator oOther: RIGHT THUMBPRINT OF SIGNER Top of thumb here e e EASEMENT ACQUISITION AND GENERAL RELEASE AGREEMENT I I 1. PARTIES AND DATE: This agreement for easement acquisition and general release (this "Agreement") is entered into and effective this flJJA. day of~, 2006, by and between the City of Encinitas, a municipal corporation ("City"), and Mr. and Mrs. Robert Ratliff (together collectively referred to hereinafter as "Ratliffs") regarding the following facts, terms, conditions and covenants. 2. RECITALS: 2.1 City approved Encinitas Country Day School's ("ECDS") plans to construct a school facility at 3616 Manchester Avenue in the City of Encinitas in December of 1998 via Encinitas Permit No. 98-039 (MUPIDR/CDPIEIA) (the "Project"). 2.2 As a condition of approval to the Project, City required ECDS, concurrent with grading, to grade a knoll on the north side of Manchester A venue, east of the Project, for purposes of improving traffic line-of sight-conditions (the "Improvements"). 2.3 City and Ratliffs acknowledge that the Improvements are located within the boundaries of the Ratliffs' property located at 3709 Manchester Avenue, Encinitas, California 92024 (the "Ratliff Property"). 2.4 City desires to acquire an easement from the Ratliffs authorizing the installation and maintenance of the Improvements in the form attached hereto as Exhibit "A" and hereby incorporated herein by reference (the "Easement"). 2.5 City and Ratliffs agree that the fair market value of the Easement is approximately Fifteen Thousand Dollars ($15,000) and ECDS has agreed to reimburse City for the payment of said amount to Ratliffs. 2.6 Ratliffs have represented to City that they have incurred legal cost to date of approximately Thirteen Thousand Dollars ($13,000) in asserting their ownership interests against representations by ECDS and City that City may possess an easement authorizing the Improvements, and ECDS has agreed to reimburse City Seven Thousand Dollars ($7,000) to offset the payment of said amount to Ratliffs. 2.7 The Parties now wish to forever settle and resolve all of their differences and disputes related to the Improvements and Easement and dispense with any potentialW!!her claims or lawsuits that may result therefrom or from the executiofi1i)erformance pursuant to this Agreement. In consideration of the mutual promises set forth below, and for valuable consideration, the receipt and sufficiency of which is hereby described and acknowledged, the Parties mutually and respectively agree as follows: e e 3. TERMS: 3.1 Conveyances: Upon the effective date of this Agreement, City shall pay Ratliffs the amount of Twenty Eight Thousand Dollars ($28,000) and Ratliffs shall convey to City the Easement in a form satisfactory to City. 3.2 Full and Final Payment for Easement and Releases: The delivery of payment pursuant to Section 3.1 of this Agreement includes the full and final payment for the conveyance of the Easement by Ratliffs to City and for the releases contained herein. 3.3 General Release; Mutual: City and Ratliffs, and each of them, for themselves, their heirs, beneficiaries, executors, administrators and assigns fully and forever release, acquit and discharge each other, their elected officials (City), employees, officers, directors, agents and assigns, and each of them, of and from any and all claims, demands, actions or causes of action which City or Ratliffs, mayor might have against the other pertaining to the Improvements and Easement. The obligations contained within this Agreement shall not affect or concern any presently unknown and unanticipated future claims for indemnification by any party against the other that may arise out of future actions by third parties which are based on accidents or occurrences happening after the effective date hereof, and which accrue and arise after the effective date hereof. This Agreement is intended as a full and complete release and discharge of any and all claims that the Parties, or any of them, mayor might have or had against the other. In accepting the sum and consideration set forth above, the Parties hereby release and discharge any and all such claims, and intend to and do hereby release and discharge all said persons, firms, associations, corporations or employees or agents of the other party, of and from any and all liability of any nature whatsoever for all damages, general or special, specifically including, but not limited to, all expenses to which a party may have been put, any and all financial injuries, costs and attorneys' fees, and all consequential damages. 3.4 Waiver of Civil Code Section 1542: The Parties hereto expressly waive and relinquish any rights or benefits available to them under the provisions of Section 1542 of the Civil Code of California, which provides: 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 e e release, which if known by him must have materially affected his settlement with debtor. The Parties fully understand that if the facts with respect to which this Agreement is executed are found to be other than or different from the facts that are now believed by them to be true, they expressly accept and assume the risk of such possible difference or differences and agree that this Agreement shall be and shall remain effective, notwithstanding such difference or differences in facts. Initial blocks: #f JJt ~ ' 3.5 No Admission of Liabilitv: This Agreement is not an admission of liability by any party or by any person, firm association, corporation or employee or agent of the same, but is in compromise of disputed claims. 3.6 Informed Consent: The Parties, and each of them, hereby declare and represent that they are effecting this settlement and executing this Agreement after having received an opportunity for legal advice as to their legal rights. 3.7 Construction of Agreement: Each and every term, condition, covenant and agreement contained herein shall be governed by and construed in accordance with the laws of the State of California. The Parties understand and acknowledge that each of them has had an opportunity to contribute to the drafting of this Agreement and agree that no provision hereof shall be construed against any Party as being the drafter. 3.8 Effect of Headings: The subject headings of the paragraphs and subparagraphs of this Agreement are included for the purposes of convenience only and shall not affect the construction and interpretation of any of the provisions of the same. 3.9 Modification or Waiver: No modification or waiver of any term, covenant or agreement contained herein shall be valid unless in writing and signed by all of the Parties hereto. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. e e 3.10 Agreement Binding on Successors: The covenants and agreements contained herein shall be binding upon and shall inure to the benefit of the Parties and their heirs, executors, administrators, successors and assigns. 3.11 Partial Invalidity: If any term, covenant, condition or provision of this Agreement is held to be invalid, void or unenforceable, the remainder hereof shall remain in force and effect and shall in no way be affected, impaired or invalidated. 3.12 Entire Agreement: This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subj ect matter contained herein. 3.13 No Reliance on Representations: Each Party hereto acknowledges that he or it is entering into this Agreement based on his or its own analysis, review and investigation and is not relying on any representations made by any other party to the action. 3.14 Authority: The undersigned individuals signing this Agreement represent and warrant that they are duly authorized and empowered to execute and deliver the same on behalf of themselves or on behalf of their respective entities. 3.15 Counteroarts: This Agreement may be executed and delivered in counterparts, each of which so executed and delivered shall be an original, but such counterparts together constitute but one and the same instrument and agreement. e Dated: '-LJ' -0 b Dated: W I ~({; 100 Approved as to Form: Dated: (, ~ G By: /j _ ~ " Glenn Sabine City Attorney e CITY OF ENCINITAS By: e e EXHIBIT "A" [INSERT EASEMENT FORM]