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2002-360698. RECORDING REQUESTED BY~PD A~TER RECORDING MAIL TO: DO0 002-03606 8 Attent%on: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 )~21t...e Order No. Assessor Parcel No. Pot ~N BIE~O ~TY RE~SRI~R'B ~I~ FE~: 0.~ SPACE ABOVE THI~ ._~.~ ~ ~ NO DOCUMENTARY T~ DUE - R&T 11922 (amended) NO ~E - ~NT CODE SECTION 6103 Escrow No. 258-130-30 [ ] Ail [X] Portions EASEMENT DEED arid in consideration of a valuable consideration, WILLIAM F. BROWN AND LUCILLE M. BROWN TRUSTEES UNDER DECLARATION OF TRUST DATED OCTOBER 11, 1989 AND LUCILLEMARGARET BROWN, AS THEIR INTEREST MAY APPEAR HER~iBY GRANTS to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent easement arid 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 BXHIBIT "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; ~he 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 Bncinitas. IN WITNESS WHEREOF, ,~.e grantor hereto has caused this Easement Deed to be executed as of this /~-~day of /~//~/'~ , 2002. This "S tO certify that the Znterest in real property nonveyed by th~s instrument ~o the City of Encin~t~s, a munici]Jal corDoration, is hereby accepted ~y the undersigned authorized officer on behalf of the City Bzown Slope & Drainage Easement County of ~_ ~ On/"~z'~,~/-, /~ ~D~ before me~4 personally appeared ~[~ ~ ~ personally known to me - OR -~roved tO me on the basis of satisfacto~ evidence ' to be the person(s) whose name(s~re subscribed to the within ins~.j~ment and ac- knowledged to me !h~ey executed the same in .hi--air..aut..~J;~rlze.d capacity(les), and that by h~ h~_~..e~thelr 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. OPTIONAL Though the data below is not required by l~w, It may prove valuable to persons relying on the douument and Could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL RURNEY'IN'FACT TEE(s) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SiGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL. NOTARY ASSOCIATION · 8236 Rammer Ave,, P,O. I~x 7184 · Cane<ja P~k, CA 91309-7184 EXHIBIT A (LEGAL DESCRIPTION) RIGHT OF WAY FOR PUBLIC ROAD PURPOSES PARCEL NO. 258-130-30 PARCELi: BEING THAT PORTiON OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, 'STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAiD SECTION 15 AS SHOWN ON RECORD OF SURVEY MAP NO. 12683 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE NORTH 1°56'23'' EAST 480.00 FEET TO THE SOLYI'I-rWEST CORNER OF THE LAND AS DESCRIBED IN THE DEED TO WALTER M. WILSON AND MARIETTA WILSON AS RECORDED SEPTEMBER 1, 1934 IN BOOK 320, PAGE 350 OF OFFICIAL RECORDS IN THE OFFICE OF SAiD COUNTY RECORDER; THENCE SOUTH 88°05'29'' EAST 482.80 FEET TO THE TRUE POINT OF BEGINNING: SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 220.00 FEET, A RADIAL LIRE THROUGH SAID POINT BEARS SOUTH 89°41'20'' WEST, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE SOUTHERLY 0.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°14'25"; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 00°33'05" EAST 89.16 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 88°05'29" WEST 38.38 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 438.00 FEET, A RADIAL LINE TO SAID POiNT BEARS SOUTH 89004'49'' WEST; THENCE NORTHERLY 90.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°48'39'' TO A POINT ON LiNE THAT BEARS NORTH 88°05'29" WEST 29.68 FEET FROM THE TRUE POINT OF COMMENCEMENT; THENCE SOUTH 88°05'29" EAST 29.68 FEET TO THE TRUE POINT OF COMMENCEMENT. CONTAINING AN AREA OF 3,202 SQUARE FEET, MORE OR LESS. Page 1of 2 APN. 2-58-130-54 p:/ANNNS U RVlEy/SA,NDIEGO/QUAJLGAR DA~¥G/258 ~ 130-30.DOC PARCEL EASEMENT FOR SLOPE PURPOSES BEING THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS I~OLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15 AS SHOWN ON RECORD OF SURVEY MAP NO. 12683 AS FILED IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO; THENCE NORTH 1'56'23" EAST 480.00 FEET TO THE SOUTHWEST CORNER OF THE LAND AS DESCRIBED IN THE DEED TO WALTER M. WILSON AND MARIETTA WILSON AS RECORDED SEPTEMBER 1, 1934 IN BOOK 320, PAGE 350 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 88°05'29" EAST 482.80 FEET TO THE TRIJE POINT OF BEGINNING: SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS .OF 220.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89*41'20" WEST, SAiD CURVE ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF QUAIL GARDENS DRIVE, 40.00 FEET WIDE, AS SHOWN ON SAID RECORD OF SURVEY NO. 12683; THENCE SOUTHERLY 0.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°14:25"; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 00°33'05" EAST 89.16 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 88°05'29" WEST 50.23 FEET; THENCE LEAVING SAII~ WESTERLY LINE NORTH 15'32'23" WEST 32.74 FEET; THENCE NORTH 7°47'20" EAST TO A POINT ON LINE THAT BEARS NORTH 88*05'29" WEST 50.13 FEET FROM THE TRUE POINT OF COMMENCEMENT; THENCE SOUTH 88°05'29" EAST 50.13 FEET TO THE IRUE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL I DESCRIBED 'ABOVE. CONTAINING AN AREA OF 1,697 SQUARE FEET, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION: ~ M. BEAL, P.L.S. 4955 DATE EXPIRES 12/31/01 Page3 o~2 ~PN, 258-130~4 P:/AN NNSU RVEY/~N01EGQ/Q UAILGAR[~/I:)W G/258-130-30, DOC © @ \, '\ .~6't t~ ,~0'06 ,00'06 .O0'OIZ ~ ~ ,/~ ~. ~n ~,~