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2010-130052DOCp 2010-0130052 iecording Requested By: 1111111 IN 111111111111111111111111111111111111111111111111111111111 City of Encinitas ) MAR 16, 2010 3:47 PM j'3 ) OFFICIAL RECORDS When Recorded Mail to: jf n~1 AIJ'DIEGO COUhJT`r' RECORDER'S OFFICE DAVID L. BUTLER. COUNT'(' RECORDER City Clerk FEES 0.00 OC: NA City of Encinitas ) PAGES: 6 505 South Vulcan Avenue ) Encinitas, CA 92024 1111111111111111111111111 IN IN FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY DRAINAGE EASEMENT Assessor's Parcel No. 264-173-04 1/ Project No.: CMD06E RICHARD SWOY AND MICHELE SWOY HUSBAND AND WIFE AS JOINT TENANTS 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 stone 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of dAU On~ k~l 2010 before me~~ ,w-/-. x1la7 I'le ~(]D/~~f'yl ~(~rc3GlC Date ,p Here Insert Name and Title of the Offtcer ' personally appeared / f 7AIC edlW_ 2{j 044 ~ Name(s) of Signer(s) RANI A G 1►NLI,IOU R ,Afm COIM1111400p 01 T09i64 SSM ow" ec r Cam scion Exp. Jan. 6. 2011 Place Notary Seal Above who proved to me on the basis of isfactory evidence to be the person(s) whose name(s is/ a subscribed to the 4e/ in instrument and acknowledged to me that h e/they executed the s i is/ er/their authorized capacity(ies), and that b is er eir signature(s) on the instrument the person(s , , or the 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 my hand and official seal. Signature i ature of Notar 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: 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 Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 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 ~q/VU 2010. Gr ntz5r°~ RICHARD SWOY Grantor: M4C V WV Signature of GRANTOR must be notarized. Attach the appropriate acknowledgments. 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: Peter Cota-Robles Director of Engineering Services City of Encinitas 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ ,Fr,~r~-c;c~+.-~^•cf`,cr~r~-c~.Ec~~+.crn^.c~.r~,c=c~,~.^.<=c State of California County of r✓! QS o On 211W I 'D before me, - O oq • k 1LC.UTU J/2, A),0 7W !C Date Here Insert Name and Title of the Officer personally appeared 1 RANDA G. WLLXXJR Commission N1 7088W Public ¢ Notary - CaMfamia San olayo cowity Iffy Exp. Jan. 6, 2011 Place Notary Seal Above O who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i re ubscribed to the within instrument and acknowle ged_ me that he/sh ey xecuted the same in his/h ltheiruthorized capacity(ies), and that by his/h t eir ignature(s) on the instrument the person(s), or the 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 my hand and official seal. Signature Si ure of Notary Pu 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 Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 J-14725A EXHIBIT "A" DRAINAGE EASEMENT SWOY APN:264-173-04 Parcel "A " Being a portion of Lot 4 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 4; thence along the Northerly line of said lot South 65009'47" East 13.69 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 65°09'47" East 17.56 feet; thence leaving said line South 06056'20" East 54.58 feet; thence South 15°33'39" West 104.48 feet to the Southerly line of said lot; thence along said Southerly line North 76043'49" West 13.33 feet to the Easterly sideline of a drainage easement to the City of Encinitas as dedicated per said Map 12684; thence leaving said Northerly line along said sideline North 13°54'41" East 100.64 feet; thence continuing along said sideline North 05°19'27" West 61.73 feet to the TRUE POINT OF BEGINNING. Containing 0.056 acres, more or less. o PPsS \G,~,MCM/C R~~ ) a 6187 No. ` 1,2- Z 2~rri ♦r EY, .3-3j-10 Patrick A. McMichael, L.S. 6187 Date F of cP% Jb/14725a.001 allIBIT "B" 60 30 0 SCALE 1 60' 1N65'0201NJ DRAINAGE EASEMENT S65'09'47"E TO BE GRANTED TO 13.69' SUBSEQUENT OWNER PO/NT OF I TRUE POINT OF BEGINNING BEGINNING I S65'09'47'E 1756' ~ I W ~ I W~ W~ ' Q o~ 4 SWOP Z v ? 264-773-04 Qoa ooh MAP NO. 12684 y w C.O.C. MAP 12684 ni cN. o plM1 9~ 9~ O ~ z C N76'4349 W 1333' I a I i ~o DRAINAGE EASEMENT p TO BE GRANTED TO l SUBSEQUENT OWNER LEGEND DRAINAGE EASEMENT 0.056 ACRE OVERALL OVERLAP AREA= 1930.20 SQ. FEET ADDITIONAL AREA=510.74 50. FEET ~Q SAND S~ ~ a o NO. L 6187 D DIM 3-31-2010 OF C hvx1 (J RECORD DATA PER MAP 12684 ~A 12' WIDE OPEN SPACE EASEMENT FOR I RECREA TIONAL TRAIL PURPOSES DEDICA TED PER MAP 12684 5ANIA FE z m LM. 2 E( N e D RAINAGE 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. 264-173-04 IN THE CITY OF ENCINITAS, DATE: DEC 28, 2009 s~-~ /l 2G 7 COUNTY OF SAN DIEGO DWG. NO.: TRICK A. McMICHAEL, LS 616 DATE SHEET 1 OF 1 APPROVED BY: M.\14725A\Survey\z14725a_drn04.dgn \\srv_photoi\RlckStandards\Bentley_2006\workspace\pro Jects\CorpStds_2005-SD\iplot\CorpStds-2005_SD.pen 29-DEC-2009 11-19