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2010-76554CEO # 0 1 0-0076564 Recording Requested By: ) 11111111 IN 111111111111111111111111111111111111111111111111111111111111 City of Encinitas FEB 16, 2010 3:30 PM OFFICIAL RECORDS When Recorded Mail to: ) SAN DIEGO COUNTY RECORDER'S OFFICE I City Clerk DAVID L. BUTLER, COUNTY RECORDER 11 FEES: 0.00 City of Encinitas ) OC: NA 505 South Vulcan Avenue ) PAGES: 8 Encinitas, CA 92024 ) ~ 1111111 IIIII IIIII IIIII IIIII IIIII ulll IIIII VIII VIII IIIII nlll IIIII IIIII fill INI FOR THE BENEFIT OF THE CITY )SPACE rev v c rur, icrwxlirx UJ5L UINLY DRAINAGE EASEMENT 10 DOCUMENTARY TRANSFER TAX $ Assessor's Parcel No. 264-173-01, 12, 13 Project No.: CMD06E ELOQUENCE HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, hereinafter designated Grantors, do 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 a public stonn drain, and for the flowage of any waters in, over, upon or through said drainage system, 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" and EXHIBIT "B" 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. 1 There is reserved to the Grantor, 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 1'"~Y~lzv 2010. Grantor: ELOQUENCE HOMO NERS ASSOCIATION Signature of GRANTOR must be notarized. Attach the appropriate acknowledgmenfs. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution 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 thereof by its duly authorized officer. Date: By: a=- Peter Cota-Robles Director of Engineering Services City of Encinitas 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of q ~ On ore 6 &4, 26 before me, f~A~t~l~ ~i• AlLgc &7 e, A)6174C D Ate Here Insert Name and Title of the ),s'_/C personally appeared • J Nf e f/ 0 410q5 Name(s) of Signer(s) RNA DA G. MILUOUR Conrnission 6170%64 < Notary PuONc . cawomb San oWo County My Comm"an Exp. Jan. 6. 2011 Place Notary Seal Above who proved to me on the basis of s tisfactory evidence to be the person(s) whose name(s)(ist4ib subscribed to the withi.rL instrument and acknowle?/he:ar/Neir ed to me that h she/ ey executed the same in h' authorized capacity(ies), and that by hi er/t eir signature(s) on the instrument the person(s), o entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m nd and official seal. Signature Signature Notary Public 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: e r/ Document Date: ~iD ! U Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I-Npq "j-6 AiLCF-/de-S Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ' ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: , Z~ 42 Q U~wCE ff0/yrQW S 46Scki4-rzDJ"L ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNolaryorg~ltem #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of On before Dale pp Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names 6Kre subscribed to the . in instrument and acknow ged to me that he he/they executed th it hher/their authorized apacity(ies), and that be eer/their signature(s) on the 1 RANDA G. %1111 JOtlR instrument the person(s), or the entity upon behalf of Commission art 709W Notary Public - which the person(s) acted, executed the instrument. San Diego CouMy LMy Commission Exp. Jan. b, 2011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Signature 'Ilk 6W ~ Place Notary Seal Above Si ure of Notary Pu c 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 J-14725A EXHIBIT "A" DRAINAGE EASEMENT ELOQUENCE HOME OWNER'S ASSOCIATION APNs: 264-173-01,12, 13 Parcel "A " Being portions of Lots 1, 12, and 13 (Lot 13 being "Stratford Knoll, a private street) of City of Encinitas Tract No. 88-245 in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 12684 filed in the Office of the County Recorder of San Diego County August 15, 1990 said portion being more particularly described as follows: Beginning at the Northwesterly corner of said Lot 1; thence along the Northerly line of said Lot 1, South 69102'56" East 38.18 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 69°02'56" East 16.70 feet; thence South 06056'21" East 0.22 feet; thence South 29°26'21" East 10.23 feet; thence South 51°56'21" East 10.23 feet; thence South 74°26'20" East 62.51 feet, to the beginning of a tangent 732.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 03059'57" a distance of 51.09 feet; thence South 70°26'23" East 34.29 feet; thence South 69°02'56" East 5.17 feet to the Westerly line of said street Stratford Knoll, to the beginning of a non-tangent 430.00 foot radius curve concave Northwesterly to which a radial line bears South 63°15'29" East; thence along said Westerly line Northeasterly along the arc of said curve through a central angle of 00°01'01" a distance of 0.13 feet; thence leaving said line South 70026'23" East 173.59 feet; thence South 47°56'20" East 14.77 feet; thence South 25°26'20" East 14.77 feet; thence South 02°56'20" East 14.68 feet to the Northerly sideline of a drainage easement to the City of Encinitas recorded September 18, 1998 as F/P 1998-0596896, Official Records being a point of cusp of a non-tangent 56.00 foot radius curve concave Southwesterly to which a radial line bears North 66033'23" East; thence along said Northerly line the following courses: Northwesterly along the arc of said curve through a central angle of 46°25'53" a distance of 45.38 feet; thence North 69°52'30" West 75.02 feet to the beginning of a tangent 56.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 24°25'46" a distance of 23.88 feet to the beginning of a reverse 56.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 28031'28" a distance of 27.88 feet; thence non-tangent to said curve North 61°23'18" West 40.00 feet to the beginning of a non-tangent 75.00 foot radius curve concave Northeasterly to which a radial line bears South 03°07'13" West; thence Northwesterly along the arc of said curve through a central angle of 17050'15" a distance of 23.35 feet; thence North 69°02'32" West 48.78 feet to the beginning of a tangent 225.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 14°33'12" a distance of 57.15 feet to the beginning of a reverse 50.52 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 76014'18" a distance of 67.22 feet; to the TRUE POINT OF BEGINNING. Containing 0.131 acres, more or less. `AND sG McM~~ 9 C-- No. 6187 X~ _Z 2 * Exp. 3-31-10 Patrick A. McMichael, L.S. 6187 Date CP F OF AL~F~ Jb/14725a.001 COURSE TABLE NO. BEARING LENGTH EXHIBIT "B" L 1 S69' 02' 56"E 38.18' CUR VE TABLE L l (N69' 34' 29"W) NO. DEL TA RADIUS LENGTH L2 S69'02'56"E 16.70' L J 529' 26' 21 "E 10-23' C l 3'59'57" 732.00' 51.09' L4 S51 ' 56' 21 "E 10.23' C2 0' 01 ' 01 " 430.00' 0. 13' d L5 S74' 26' 20"E 62.51' C3 17' 50' 15" 75. 00' 2J.35*' O L6 506' 56' 21 "E 0.22' C4 14' 33' 12" 225.00' 5 7. 15' 02 L7 S70' 26'23"E 34.29' C5 76014'18" 50.52" 67. 22 V L8 S69' 02' 56"E 5. 17' L9 S70' 26' 23"E 173. 59' W v L14 N61 ' 23' 18"W 40.00' S6375'29"E(R) DRAINAGE EASEMENT TRUE POINT TO BE GRANTED TO I W I OF BEGINNING c~ SUBSEQUENT OWNER r~ I ~l ~ N I 13 POINT OF BEGINNING C4 1 '►oy ucs2yVlLC3 48.78' S3'0T13w(R) i ELOQUENCE H.O.A. 264-773-07 MAP 12684 C.O.C. 'I - v4 0 ~p C A LONE JACK ROAD `ANA s!i J a o NO. L 6187 OFM 3-31-2010 sgTF o~~~~ of CA~tiF LEGEND (SEEVIC/N/TYMAP = DRAINAGE EASEMENT 0.131 ACRES ON SHEET 2) OVERLAP AREA=3929.14 SO. FEET ADDITIONAL AREA= 1765.97 SO. FEET (J RECORD DA TA PER MAP 12684 -IU 1 ~s W~ ~Q ~i~ G ; - 'IT C"j I 2 00"j I (R) RADIAL BEARING ~A SEWER EASEMENT CARDIFF SANI TA TION REC 0610711990 AS F/P 90-308808 © WA TER EASEMENT OL 1 VENHAIN MUNICIPAL DEDICA TED PER MAP 12684 ~l 1? I -N 60 30 0 SCALE 111= 60' vv N W H 12684 © PACIFIC BELL REC 1012611999 AS F/P 1999-0714894 QD SDG&E REC 11/10/1998 AS F/P 1998-0732085 EQ DRAINAGE EASEMENT REC 09/ 18/ 1998 AS F/P 1998-0596896 RECREA TIONAL TRAIL REC 09/ 18/ 1998 AS F/P 1998-0596885 © 12' WIDE OPEN SPACE EASEMENT FOR RECREA TIONAL TRAIL PURPOSES DEDICA TED PER MAP 12684 DRAINAGE EASMENTS . 5620 FRIARS ROAD PROJECT: SAN DIEGO, CA 92110 LONE JACK ROAD/STRATFORD KNOLL ENGINEERING COMPANY 619.291.0707 DRAINAGE CHANNEL IMPROVEMENTS (FAX)619.291.4165 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO PATRICK A. McMICHAEL. LS 6167 DATE SHEET 1 OF 2 JOB NO. DRAWN BY: A.P.N. NO. DATE: DWG. NO APPROVED BY: 1G795-A JJJ 9rZd-17z-n1 utt; zt5' zuuy M. \14725A\Survey\xl4725a_drn0l . dgn \\srv_photol\R IckStandards\8entl ey_2006\workspace\proJects\CorpStds_2005_SD\Iplot\CorpStds_2005_SD. pen 28-DEC-2009 13.14 Cl L7 \ L9 CURVE TABLE NO. DEL TA RADIUS LENGTH C2 0' 01 ' 01 " 430.00' 0. 13' C6 46'255J" 53" 56.00" 45.J8** C7 24' 25' 46" 56.00' 23.88** C8 28' 31 ' 28" 56.00' 27.88** 0 V^ j~ g W cl) 13 L7 EXHIBIT "B" COURSE TABLE NO. BEARI NG LENGTH L 7 S70' 26' 23"E 34. 29' L8 S69' 02' 56 "E 5. 17' L9 S 70' 26' 23 "E 173. 59' L 10 S47' 56' 20"E 14. 77' L 11 S25' 26' 20 "E 14. 77' L12 S 2'56' 20"E 14.68' L 13 N69' 52' 30"W 75. 02' L14 N61023' 18"W 40.00' 99 L9 F W Q C8 IJ4 C7 U3 s Q o ; t' w l 12 9 MAP B A 12684 ELOQUENCE H.O.A. 264- 773- 72 E C.O.C. y MAP 12684 I LONE JACK ROAD 1-AND Sli v ti~ ~-G a~ CD NO. L 6187 E)FM 3-31-2010 sgTF o~~~~ OF C MLXF e \9a DRAINAGE EASMENTS . 5620 FRIARS ROAD PROJECT: JOB NO. 14725-A SAN DIEGO, CA 92110 LONE JACK ROAD/STRATFORD KNOLL DRAWN BY: sJS ENGINEERING COMPANY 619.291.0707 (FAX)619.291.4165 DRAINAGE CHANNEL IMPROVEMENTS A.P.N. NO. 264-173-12&13 IN THE CITY OF ENCINITAS, DATE: DEC 28, 2009 11-Lj'-2607 COUNTY OF SAN DIEGO DWG. NO.: PATRICK A. McMICHAEC, LS 6167 DATE SHEET 2 OF 2 APPROVED BY: L1o 60 30 0 SCALE 1"= 60' L11 L12 M.\14725A\Survey\xl47250_drn0l A.dgn \\srv-photol\R1ckStandards\Bentley_2006\workspace\projects\CorpStds-2005_SD\lplot\CorpStds-2005-SD.pen 28-DEC-2009 11.16 VICINITY MAP eo sc"