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2010-130054DO # 0 1 0-0 1 30064 Recording Requested By: I IIIIIII IIII IIII! VIII VIII Iliil VIII IIII) (IIII VIII VIII VIII IIII III City of Encinitas C _ ) MAR 16, 2010 $:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded mail to: DAvID L BUTLER: COUNTY RECORDER City Clerk ) FEES: 0.00 OC: NA City of Encinitas ) PAGES: 6 505 South Vulcan Avenue ) Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY DRAINAGE EASEMENT Assessor's Parcel No. 264-173-03 Project No.: CMD06E DAVID W. SLACK AND WANDA J. MELONI 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 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 ~267--day of Grantor: DAVID W. SLACK Grantor: WAND . MELONI 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: QL 01ni__,_ Peter Cota-Robles Director of Engineering Services City of Encinitas 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~c(~d On (I1ta-Id- 12-1 W16 before me, ~b D/~ ~llGI~TJ(>{2 ~U4T,~jt~y ~rJ~L (G Date personally appeared Z,~O/-w ~G~•5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribed to the w) in instrument and acknowledged to me that / he/they executed the sa e it her/their authorized RANDA G. MILLJOUR capac)ty(ies), and that b i er/their signature(s) on the Camnission #1709664 < instrument the person(s), or the entity upon behalf of Notary h"C - Cawornw which the person(s) acted, executed the instrument. San Diego County M► C.armt~ion 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 my hand and official seal. Signature r Place Notary Seal Above Si ure of Notary PI s 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General • • ❑ Attorney in Fact • ❑ Attorney in Fact • ❑ Trustee Top of t humb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of/Y7 ASr~I On nllvi~ / X 10 before me, ~~-Q g J~7. AAC77) 6),e, 4-)&7W11 ~U ti L /C 41 Date Here Insert Name and Title of the Officer personally appeared LQA l//,O n/ 6 L4e-& o,;,7 ,o_, yylq ol-I 7-. 14,e['d Name(s) of Signer(s) RANDA G. 11M1,t, l DM Caiw~issio~ •f 70li64 < y Notwy Public o c san o+." cea"H My CZAftow Exp. Jan. 6, 2011 who proved to me on the basis of sat ctory evidence to be the person(s) whose name(s) i are ubscribed to the within ins ment and acknowledged_ me that he/she/ eye cuted the same in hi a their uthorized capacity ies), and that by his/h eir 'gnature(s) on the instrument the person(s), or th ntity 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. WITNE hand and official seal. Signature Place Notary Seal Above Sig re of Notary Publi 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 ❑ 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.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 J-14725A EXHIBIT "A" DRAINAGE EASEMENT SLACK/ MELONI APN: 264-173-03 Parcel "A " Being a portion of Lot 3 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 3; thence along the Northerly line of said lot South 76043'49" East 38.03 feet to the TRUE POINT OF BEGINNING; thence continuing along said line South 76143'49" East 13.33 feet; thence leaving said line South 15033'39" West 107.49 feet to the Southerly line of said lot; thence along said line North 77018'59" West 13.06 feet to the Easterly sideline of a drainage easement to the City of Encinitas as dedicated per said Map 12684; thence leaving said line along said sideline North 15025'04" East 107.61 feet to the TRUE POINT OF BEGINNING. Containing 0.033 acres, more or less. ~-ANDD Mc%j~ / COQ '9~0 /Z No. 6187 Patrick A. McMichael, L.S. 6187 Date * Exp. 3-31-10 s~ Jb/14725a.001 ~TF OF G a~e 5 TRUE POINT OF BEGINNING POINT OF BEGINNING Phut 9r7 95 OI PCL 2 1 W IV Q~ W oP cjw~:~ Z v w ooh EXHIBIT "B" 60 30 0 SCALE 1"= 60' -N DRAINAGE EASEMENT TO BE GRANTED TO SUBSEQUENT OWNER 576-43'49"E 1333' O MAP 12684 C.O.C. LA / MAP 12684 S MELONI CK C-- ) ~ 4 264-173-03 M C 90 m r r N77'18'59W 13.06' I 99 DRAINAGE EASEMENT TO BE GRANTED TO SUBSEQUENT OWNER LEGEND DRAINAGE EASEMENT 0.033 ACRES 0 VERAL L OVERLAP AREA=1290.18 SQ. FEET ADDITIONAL AREA= 127.42 SQ. FEET (J RECORD DATA PER MAP 12684 LAND QA 12' WIDE OPEN SPACE ~t~,0 SG EASEMENT FOR RECREA TIONAL TRAIL PURPOSES DEDICA TED J a o PER MAP 12684 `BANtA Cr NO. L 627 EJD'M 3-31-2010 OF C A~1F z m SITE JACK z ~ B BLVD. n~. CA"A4 . VICINITY MAP w sc u N B `9a DR AINAGE 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. 264-173-03 IN THE CITY OF ENCINITAS, DATE: DEC 28, 2009 Z -Lr' COUNTY OF SAN DIEGO DWG. NO PATRICK A. McMICHAEL, LS 6167 DATE SHEET 1 OF 1 APPROVED BY: M.\14725A\Survey\xl47250_drn03.dgn \\srv_photol\R1ckStondards\Bentley_2006\workspoce\projects\CorpStds-2005-SD\Iplot\CorpStds-2005_SD.pen 28-DEC-2009 11:19