2007-637500
DOC # 2007-0637500
' Recording Requested By: p ! 1111111 IN 111111111111111111111111111111111111111111111111111111 IN
City of Encinitas ) ~Q P Ci '_`;T 0 1 `L~ ~r„ _ ,
` 7 ` F P.,9
UFFICIAL FECiiRM
When Recorded Mail to: ) =;~~~r'J ~'iE~a~ ~ c~=~uraT'' F~ECOFIC~EFI'3 LiFFU=F
~JJ LaFtEULiFI`r i. Sp~11TH: Cul IpJT`r' REL:ORC?EFI
~ City Clerk FEES p.iiLi
City of Encinitas
505 South Vulcan Avenue ) PAGES: (
Encinitas, CA 92024
)
FOR THE BENEFIT OF THE CITY 1SPACE ABOVE FOR RECORDER' S USE ONLY
DRAINAGE EASEMENT~~-
LtA~ Assessor' s Parcel No. 258-240-46, 47 92, 9~ 4& 95 Project No. 05-127 (087-G)
0
DOcUMENTARY TRANSFER TAX ~ e,
SCRIPPS HEALTH, A CALIFORNIA
PdONPROFIT PUBLIC BENEFIT CORPORATION
" PROPERTY" hereinafter) does hereby grant, bargain, convey and release unto the
City of Encinitas, herein designated Grantee, its successors and assigns, a perpetual
easement and right-of-way upon, through, under, over and across the hereinafter
described real property for the installation, construction, maintenance, repair,
replacement, reconstruction and inspection of an enclosed flood DRAINAGE channel
and all structures, pipes, incidental thereto, and for the flowage of any waters in,
over, upon or through said channel, together with the perpetual right to remove trees,
bushes, undergrowth, and any other obstruction interfering with the use of said
easement and right-of-way by the Grantee, its successors or assigns. To have and to
hold said easement and right-of-way unto itself and unto its successors and assigns
forever together with the right to convey said easement, or any portion of said
easement, to other public agencies.
The real property referred to herein above and made subject to said easement and
right-of-way by this grant is situated in the City of Encinitas, County of San Diego,
State of California, and is particularly described as follows:
SEE EXHIBIT A Legal Description and EXHIBIT B Plat ATTACHED
HERETO AND MADE A PART HEREOF BY THIS REFERENCE,
The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above-described works of improvement.
~
The Grantor, his successors and assigns, reserves the right 'to enclase in a manner
approved by the Grantee, its successQrs and assigns, any portion of an unenclosed
fload drainage channel provided such enclosure is canstructed or installed by a
licensed contractor in accordance with plans and specifications approved by and to
the satisfaction ofi the Grantee, its successors and assigns. In granting its approval,
the Grantee, ifis successors and assigns, may impose reasonable conditions including
but nat (imited ta, the filing by the eontractor or Grantor of an adequats form of
security, as approveo by the City Engineer, to guarantee completion of the wark.
Thers is reserved to the Grarftar, his successors and assigns, the right and privilege
to use the above descri6ed land of the Grantar at any time, in any manner and for
any purpose not inconsistent with the full use and enjoyment by the Grantee, its
successars and assigns, af the rights and privileges herein granted.
Dated this ~17' . day of 1/c'W/Sr , 2006.
Grantors:
Sig 13RUCL RRlA17' Title: .
~Is C/Z/I`P-3 HERLTH~
Signature Titte
Signature ofi Owners to be natarized.
Attach the appropriate acknowledgments.
I certify an behalf of the City Council of the Gity of Encinitas, pursuant to authority
conferred by Resalutian No. 94-107 of said Council adopted on November 9, 1994
that the City of Encinitas accepts and consents to the making of the foregoing
DRAINAGE EASEMENT Dedication and consents to recordation fihereof by its duly
authorized officer.
~~•W `i,, .
A
By: ` ~~~10 ~
Peter Cota-Robles Date
Director of Engineering Services
City of Encinitas
STATE OF CALIFORNIA }
} SS
COUNTY OF SAN DIEGO }
On August 17, 2000before me, Patricia Mannershe undersigned Notary
Public, personally appeared: Bruce A. Rainey
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s~whose name(s) is/ar-e subscribed to the within instrument and acknowledged to
me that he/+eAh-ey executed the same in his/herhkcir authorized capacity(ios), and that
by his/hef4heir signature(6) on the instrument the person(s~, or the entity upon behalf of
which the person(s'jacted, executed the instrument.
WIT'NESS my hand and official seal. cemvmdon~ 16TN~~t
1~loktry MNc - CaNbNMa
ton OmOD CowM1l
~ Oomn.
\ .
: State of California > CALIFORNIA ALL-PURPOSE
County of 6al" ato ) CERTIFICATE OF ACKNOWLEDGMENT
,
On 7 before me,
~
,
(here insert name and title of the officer)
personally appeared ~~7~,71Z 6/10~ • L
,
personally known to me (or 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 he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/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.
~ RANOA G. MILUOUR 1
~ Coai~ion N/70lK~/
~ ~a.~ Cw~y
- M~► Erp. .hn. t~ ZOt t
Signature ~
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer ldentification
titled/for the purpose of ❑ Personally known to me
❑ Proved to me on the basis of satisfactory evidence:
L0 form(s) of identification 0 credible witness(es)
~ Identification is detailed in notaryjoumal on:
containing pages, and dated Paqe # Encry a
The signer(s) capacity or authority is/are as: Nocary concact:
❑ Individual(s) Other
❑ Attomey-in-Fact
[-j Additional Signer(s) E] Signer(s)Thumbprint(s)
❑ Corporate Officer(s)
Title(s) D
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Enfity(ies) Signer ls Representing
loCopyright 2005 Notary Rotary, Inc 925 29th Si., Des Moines, IA 50312-3612 Form ACK02. 10/05To re-order, call toll-free1-877-349-6588 or visit us on the Intemet at htt //wwp: w.notaryrotary.com
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PORTION OF LOTS 1 AND 2 OF ENCINITAS HOSPITAL SUBDIVISION, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7709, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 20, 1973 AND PORTIONS OF
THE SOUTHERLY 700.03 FEET OF THE WESTERLY 311.15 FEET OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EITHER SIDE AND PARALLEL WITH
THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF SAID MAP NO. 7709, SAID POINT ALSO
BEING ON THE NORTHERLY LINE OF SANTA FE DRIVE ROAD EASEMENT PER DOCUMENT
RECORDED MARCH 28, 1979 AS FILE NO. 79-127165 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTHERLY LINE OF SAID ROAD EASEMENT,
1. SOUTH 89°30'23" EAST 5.25 FEET TO A POINT ON THE WESTERLY LINE OF A
DRAINAGE EASEMENT PER SAID MAP NO.
7709; THENCE LEAVING THE NORTHERLY
LINE OF SANTA FE DRIVE AND ALONG
SAID WESTERLY LINE,
2. NORTH 01°02'02" EAST 59.48 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY LINE,
3. NORTH 88°44'08" WEST 135.40 FEET; THENCE
4. NORTH 01 ° 15'52" EAST 513.18 FEET; THENCE
5. NORTH 18°15'S2" EAST 133.49 FEET TO A POINT OF TERMINUS, SAID POINT
ALSO BEING ON THE WESTERLY LINE OF A
DRAINAGE EASEMENT PER SAID MAP NO.
7709.
THE SIDELINES OF THE AFOREMENTIONED STRIP OF LAND ARE TO BE PROLONGED OR
SHORTENED SO AS TO TERMINATE ON THE WESTERLY LINE OF A DRAINAGE EASEMENT PER
SAID MAP NO. 7709.
SAID EASEMENT CONTAINS AN AREA OF 0.269 ACRES MORE OR LESS.
%~AND S
EAqO~L~s.
U QO 2 0p BY:
O i~►o• JOHN EARDENS , L.S. 5278
z (MY LICENSE EXPIRES 12-31-07)
~~J~l) ~Q-
~1TFO ~~F CDATED: ~p
EXHIB IT "B "
I
~
-1--------
~ N8875'S2"E ;T ~
I ~ 13~,T-~ I
25' DRAINAGE EASEMENT PER
DOC. N0. 76-034364
RECORDED FEB. 4, 1976, O.R.
I ~ I~ I
LJT 2
I tLl Cl.) IVIAP 7709
Q-) I
' 1 c~ ~ ~'-~i- - - - - - - - -
~ W I
~ ~c
tiLt
C) o
~ I Z I ~ ~ 15' DRAINAGE EASEMENT
1~~ PER MAP N0. 7709
W ~ 15~~ ~ I I
= I 7.5'
,
O~ I JT l
Q I I~ I
100.
I I~ I
I ~ T.P.O.B.
N'L Y UNE OF ROAD
~ N88'44'08"W EASEMENT RECORDED
I 135.40' I ~ NOl b2'02"E 3-28-79 AS FlLE N0.
59.48' 79-127165 O.R.
' P.O.B. ~
SW COR LOT 1, MAP 7709 ~ N,'23"W SANTA FE DRIVE
~ D:
O
. HN DENS HN L.S. 5278 DATE ~ INDICATES DRA/NAGE EASEMENT
kE41VRA TION EXPIRES 12-31-2007 AN D SG AREA: 0.269 ACRES
~
00 L a ti tu d e 3 3 ~N,, ~ ~ P. O. B. POINT OF BEGINNING
Planning g Engtineering ~ ~ *
4933 Paramount Drive, 2nd Floor T.P.O.B. TRUE POINT OF BEG/NNIN6
San Diego, CA 92123
858-751-0633 Fax 858-751-0634
H\800\809.1\EXHIBITS\droinage-esMt.dwg 12/6/2005 8:5133 AM PST