2006-471048
City ofEncinitas
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)SPACE ABOVE FOR RECORDER'S USE QNLY
DO. 2006-0471048
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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
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~ Assessor's Parcel No.
If' ;- 262-062-19
SLOPE EASEMENT FOR CITY mGHW AY
DOCUMENTARY TRANSFER TAX $ t1
Project No.:
W.O. No.:
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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
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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.
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-.....
Peter Cota-Robles, P.E.
Director of Engineering Services
City of Encinitas
(Notarization not required)
SlopeEasement-Ratliff.doc
2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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
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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.
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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
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Signer Is Representing:
Signer Is Representing:
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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
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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"
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SCALE
1"=30'
ASSESSORS' PARCEL NO.
262-062-19
GRAPHIC SCALE
30 0 15 30
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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
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: Place Notary Seal Above
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: 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.
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: Description of Attached Document
: Title or Type of Document:
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........................................................................................................
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
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EASEMENT ACQUISITION AND GENERAL RELEASE AGREEMENT
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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:
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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
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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.
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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.
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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.
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Dated: '-LJ' -0 b
Dated: W I ~({; 100
Approved as to Form:
Dated: (, ~ G
By: /j _ ~
" Glenn Sabine
City Attorney
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CITY OF ENCINITAS
By:
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EXHIBIT "A"
[INSERT EASEMENT FORM]