2007-625376
,
, C~OC # 2007-062F5376
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Recording Requested By: ) SEp 25, 2007 2.46 pM
OFFICIAL FIECIFiFIC"_,
City of Encinitas ~ ~ f1 C~IEGi i i ill ih~7 , F; ECi if DEcI"_ ~ ~Ft 1CE
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When recorded Mail to: NA
City Clerk PAGES: 8
City of Encinitas I 111fil 1I111 ~~~~l hiI~ ~~~~l pilI 11111 gl{l pil) 111111111111 Hil~ 11111111
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY SPACE A,BOVE FOR RECORDERS USE ONLY
DRAINAGE EASMENT
Assessor's Parcel No. 260-620-73 Project No. : 04-068 MINlDR/CDP
W.O. 9442-G
David P. Shaw, Trustee of the David Shaw Revocable Trust dated December 21 2004,
hereinafter designated Grantor, does hereby grant, bazgain, convey and release unto the
City of Encinitas, herein designated the 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 a pubiic storm drain and a11 structures
incidental thereto, and for the flowage of any waters in, over, upon or through said right-
of-way. Together with 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. Said easement
is more fully described in ATTACHIVIENT "B"
If in the course of maintaining storm drain facilities, the existing appurtenances above,
below, on or across said easement are removed or damaged by the City of Encinitas, and
or assignees, the City of Encinitas will replace said appurtenances to their original
condition.
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, Sta.te of
California and is particularly described as follows:
SEE EXHIBIT "A" 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.
There is reserved to the Grantar, his successors and assigns, the right and privilege to use
the above described land of the Grantor at any time, in any manner and for any purpose,
not inconsistent with the full use and enjoyment by the Grantee, its successors and
assigns, of the rights and privileges herein granted.
Dated this - day of 12007
Da 'd P. aw Trustee
Signature of Owners to be notarized
Attach the appropriate acknowledgements.
I certify on behalf of the City of Encinitas, pursuant to authority conferred by Resolution
No. 94-107 of said council adopted on November 9, 1994 that T'he City of Encinitas
accepts and consents to the making of the forgoing DRAINAGE EASMENT Dedication
and consents to recordation thereof by its duly authorized officer.
Date /c, ~ By: a D, . 0 t
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
ATTACHMENT "B"
LEGAL DESCRIPTION
(STORM DRAIN AREA)
That partion of Parcel2 of Parcel Map number 13635 in the City of Encinitas, County of San
Diego, State of California, filed in the office of the County Recorder of San Diego County,
January 14, 1985 as file No. 85-010710 of Official Records, more particularly described as
follows:
Beginning at the northeast corner of said Parcel2 being a point on the westerly sideline of Summit Avenue being a point on a 2035 foot radius curve, thence southerly along the said
sideline and curve 10.30 feet thought a central angle of 0° 16'57" to a point on a line 10.00 feet
southerly measured a right angles to the northerly line of said Parcel2, thence westerly along said
parallel line South 66° 47' 18" West a distance of 107.17 feet, thence leaving said parallel line
North 23° 42" 51" West 5.00 feet to a point 5.00 feet southerly and measured at right angles from
the northerly line of said Parcel2, thence parallel with said northerly line South 66° 47' 18" West
97.54 feet to the westerly line of said Parcel2, thence along said westerly line North 23° 42' 5 1"
West 5.00 feet to the northerly line of said Parcel 2, thence along said northerly line North 66°
47' 18" East 206.38 feet to the Point of Beginning.
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 2 of Parcel Map No. 13635, in the City of Encinitas, County of San Diego, State of
California, filed in the office of the County Recorder of San Diego County January 14, 1985, as file
No. 85-010710 of Official RECOrds
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 2 of Parcel Map No. 13635, in the City of Encinitas, County of San Diego, State of
California, filed in the office of the County Recorder of San Diego County January 14, 1985, as file
No. 85-010710 of Official Records
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ATTACHMENT "B"
LEGAL DESCRIPTION
(STORM DRAIN AREA)
That portion of Parcel 2 of Parcel Map number 13635 in the City of Encinitas, County of San
Diego, State of California, filed in the office of the County Recorder of San Diego County,
January 14, 1985 as file No. 85-010710 of Official Records, more particularly described as
follows:
Beginning at the northeast corner of said Parcel2 being a point on the westerly sideline of
Summit Avenue being a point on a 2035 foot radius curve, thence southerly along the said
sideline and curve 10.30 feet thought a central angle of 0° 16"57" to a point on a line 10.00 feet
southerly measured a right angles to the northerly line of said Parcel2, thence westerly along said
parallel line South 66° 47' 18" West a distance of 107.17 feet, thence leaving said parallel line
North 23° 42' 5 1" West 5.00 feet to a point 5.00 feet southerly and measured at right angles from
the northerly line of said Parcel2, thence parallel with said northerly line South 66° 47' 18" West
97.54 feet to the westerly line of said Parcel2, thence along said westerly line North 23 ° 42' 5 1
West 5.00 feet to the northerly line of said Parcel 2, thence along said northerly line North 66°
47' 18" East 206.38 feet to the Point of Beginning.
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ATTACH1VViENT "B" ~
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STATE OF CALIFORNIA } SS:
COUNTY OF San Diego
On before me, ~ iL
a Notary ublic, personally appeared ~
P- JCC !L~
(or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name5~~ subscribed to the within instrument and acknowledged to me tha ~/she/they
executed the same in is er/their authorized capacity(ies), and that b !~/her/their signature(s)
on the instrument th erson(s), or the entity upon behalf of which the on(s) acted, executed
e instrument.
i
, WITNE S my hand and official seal. MARY ANNE KELLER
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MpifiA'f PUBLIC•A CAIIfORNIA
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MY Co►►M. EXP. SEPT. 15, 2009
Signa re t ublic
(This area for official notarial seal)
STATE OF CALIFORNIA
} SS:
COUNTY OF San Diego
On ~/34 -100 ~ before me,?j L L~ 0'r,
,
a Notary Public, personally appeared ~ Jc t~T1~-,~'O
pe wn to m(or proved to me on the basis of satisfactory evidence) to be the erson(s)
whose name is re subscribed to the within instrument and acknowledged to me that~e/they
executed the same in is r/their authorized capacity(ies), and that bydijser/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.
RANDA G. MLLJOtNt 1
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Signature of NotaryP lic ~ WAB" EV11111' JOL S. 2011
(This area for official notarial seal)
RANDA G. 14{LLi01,Nt
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df, Notary PMblfc
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