2002-1096780Recording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
DOC 00, -10. 780
DEC 04, 2002 4:5i PM
OFFICIAL RECORDS
SAN DIEGO COUNTY REOORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NA
SPACE ABOVE FOR RECORDER'S USE ONLY
LANDSCAPE AND MAINTENANCE EASEMENT
Assessor's Parcel No.
256-110-63
Project No.: Wells
W.O. No.:
RECITALS
COAST POINT HOMEOWNER'S ASSOCIATION hereinafter called GRANTOR(S), do(es)
hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called
GRANTEE, the easement and incidents thereto for landscape maintenance, 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,
AGREEMENT
The Grantor and Grantee agree as follows:
1. The foregoing Recitals constitute an integral part of this Agreement.
The Grantor hereby grants to the Grantee all trees, growths, (growing or that may hereafter
grow) 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, modification, planting, irrigation, or maintenance of said
public landscape facilities.
Orpheus Park / Coast Point HOA
i
The Grantee will plant and maintain plantings in the easement not to exceeding 2.5 feet in
height, excepting Palm Trees, in order to avoid adversely affecting the views of adjacent ·
homeowners.
The Grantee accepts responsibility to maintain the landscape, to include the Palms, in a
manner deemed by the Grantee to be acceptable and reasonable, and to modify the
landscape at the Grantee's discretion.
o
The Grantee agrees to receive and consider comments and concerns from the Grantor, and
to make reasonable efforts to resolve Grantor concems.
o
Grantee agrees to indemnify and hold harmless the Grantor(s) against any and all claims,
injuries or damages (including defense costs) m'ising out of, or in any manner connected
directly or indirectly with, any negligent acts of Grantee, it's officers and employees.
Dated this 3 day of Dec, , 2002
Samuel Isaac, President
Jot~n Kohler, Secretary
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.
Dated:
By:
Peter Cota- Robles, P.E.
Director of Engineering Services
City of Encinitas
Orpheus Park / Coast Point HOA 2
EXHIBIT "A"
Landscape and Maintenance Easement
That portion of Lot I of County of San Diego Tract No. 4483, in the County
of San Diego, State of Califomia, according to Map No. 11456, filed in the
office of the County Recorder of San Diego County on February 25, 1986,
more particulars as described as follows:
Said easement being the easterly 216.00 feet of the southerly 5.00 feet of
said Lot 1.
Prepared by:
Blair Allen Knoll, P L S 7376
Date: July 22, 2002
Orpheus Park Exhibit
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
Date
personally appeared
before me, :/~,~,(?_/?./-/ e/~'. /('//6 ~7~r'/'~-5 '~?¢ ~C/~i/~
Name and ~tle ol Officer (e,g., 'Jane Doe, Nota~ Publ~
Name(s) of S~ner(s)
~ personally known to me - OR -~'oved to me on the basis of satisf~tory evidence to be the person(s)
whose name(s) is/~re~bbscribed to thej~n instrument
and acknowledg~L.[q me that he/sh~.~l~/~/executed the
~F~~-FiCiAL SEAL i same in..b~e~ftheir~uthorized capaci~/'iies), and that by
·/.~'~ '-f~'~ RANDA G MILLJOUR -~ ' his/he~/tll~e~r~sighat~re(s) on the instrument the person(s),
RA
~/~NOTARY~._~_,-~,~%t PUBLIC-CALIFORNIA~ or the'~nfity upon behalf of which the person(s) acted,
~ ~-u~..~11~;/~} COMM. NO. 1204250 "~ executed the instrument.
~ ~ ~'~"~/ SAN DIEGO COUNTY ! '
t__~__ MYCOMM. EXP. JAN. 6,2003 I WITNESS my hand and official seal.
,. ' //Sigh'aturl~ o! Nol~7~Ublic
~ 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
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner--[] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other: Top of thumb here
Signer Is Representing:
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
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