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2010-130055DO # 2010-0130055 Recording Requested By: ~~f /ry ) I IIIIIII I~il IIII IIII VIII (III VIII IIII IIII I~~II IIII VIII IIII iIl City of Encinitas)~/'~ ) MAR 16, 2010 3:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded Mail to: ) DAMD L. BUTLER, COUNTY RECORDER City Clerk ) FEES: 0.00 City of Encinitas ) Oi- NA 505 South Vulcan Avenue ) PAGES: 6 Encinitas, CA 92024 ) I IIIIII IIII Ilill IIII VIII VIII VIII VIII Iilii VIII VIII IIII VIII VIII IIII IIII FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY Ao~ r, DRAINAGE EASEMENT Assessor's Parcel No. 264-173-05 Project No.: CMD06E GARY R. WHEAT AND JANET E. WHEAT HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP 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 6_ day of Q c 2010. G antor: v GAR R. WHEAT Grantor: ANET E. WHEAT C- &kLt/ 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: -9 / 2v By: OtA-',- Peter Cota-Robles Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Z) V(2 ~ 0 On before me,C~z /LllCi~()y~~ 1TIE'~( fUiL~C Date n Here Insert Name and Title of the Officer personally appeared ~7 Name(s) of Signer(s) RANDA G. MILUOUR Coarnission 01709664 < sonOe oC mExp. Jan. 6, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i are ubscribed to the within instrument and acknowledged me that he/shexecuted the same in a their ' uthorized capacity(ies), and that by his/her heir igna ure(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 CLLt Si tur of Notary Pub' 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 "thumb ❑ Trustee ❑ 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., PO.Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4c>.c~.cY~.c~~.c~.e~- . .c~'~.c~'.~,~=c..cY-.~ - .~.c-t-~';~r- ,c~c•- - - -.,cc~.~t'.c~'.erc~t State of California County of~" &~Py On0)a e'41Z,20/D beforeme, R oA W11-eival?, Uai-Wy Pad_ie Date Here Insert Name and Title of the Officer ' personally appeared p / £rf f CDw - Name(s) of Signer(s) RANDA G. M10L6, R Caamiuion 11111709664 < Notwy Publi` - California) San Ofto County Ny Commission Exp. Jan. 6, 2011 Place Notary Seal Above 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 e/ he/they executed the s e i hi her/their authorized capacity(ies), and that by=er t 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 se-al.l., Signature nature of Note 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: XXII 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 1-14725A EXHIBIT "A" DRAINAGE EASEMENT WHEAT APN: 264-173-05 Parcel "A " Being a portion of Lot 5 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 5; thence along the Northerly line of said lot South 82°56'25" East 11.54 feet; thence leaving said line South 15°33'40" West 45.32 feet; thence South 06056'20" East 51.33 feet to the Southerly line of said lot; thence along said Southerly line North 65°0947" West 17.56 feet to the Easterly sideline of a drainage easement dedicated to the City of Encinitas per said Map 12684; thence along said sideline North 07°57'39" West 34.04 feet to the Westerly line of said lot; thence along said Westerly line North 15°24'51" East 57.00 feet to the POINT OF BEGINNING. Containing 0.028 acres, more or less. o \-NND " McM/Cy~L~ Q 9~ G No. 6187 1 ~2 ~ z ~ Zc~Y 7 ~ Exp. 3-311 - -10 Patrick A. McMichael, L.S. 6187 Date Jb/14725a.001 9TF ~F ~ Pr~FC/ EXHIBIT "B" DRAINAGE EASEMENT TO BE GRANTED TO SUBSEQUENT OWNERS 6 POINT OF BEGINNING Pm f1 3~ G°~GL 4 (41 kb rn~~ ~rn NT57'39'1N 34.04' W Qa W oa- (Z~to QQN ooh LAND Sli aQ v _J WL I 61A7 ;:o \~F C A1.1~N S82'56'25'E 11.54' S1533'40'1N 4532' 5 WHEAT 264-773-05 S6'56'21YE 5133' ~N65.09'4T1N 1756' 60 30 0 SCALE 1"= 60' 7 MAP I 12684 C.O.C. MAP 12684 6 DRAINAGE EASEMENT 'A, TO BE GRANTED TO 7 I SUBSEQUENT OWNER V I Is I L/-j LEGEND DRAINAGE EASEMENT 0.028 ACRE OVERALL OVERLAP AREA= 1088.94 SQ. FEET ADDITIONAL AREA=1407 SQ. FEET (J RECORD DATA PER MAP 12684 ~A 12' WIDE OPEN SPACE EASEMENT FOR RECREA TIONAL TRAIL PURPOSES DEDICA TED PER MAP 12684 ti \~a lklz. 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. 264-173-05 IN THE CITY OF ENCINITAS, DATE: DEC 28, 2009 COUNTY OF SAN DIEGO DWG. NO.: PATRICK A. McMICHAEL, LS 6167 DATE SHEET 1 OF 1 APPROVED BY: STRATFORD KNOLL (PRIVATE STREET) -N MB\14725A\Survey\x14725a_drnO5.dgn \\srv_pho tot\RtckStondards\Rentley-2006\workspcce\projects\CoroStds_2005_SD\tplot\CorpStds-2005_SD.pen 28-DEC-2009 11-20 VICINITY MAP wscul