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2012-77312N SS?~~ ll' V l Recording Requested By, City of Encinitas When Recorded Mail to City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 201- 2-0077312 1111111 IIII Illll IIIII IIIII IIIII IIIII 11111111111101111111111111111111 FEB 09, 2012 4:59 PM OSAN DIEGOUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 OC NA PAGES: y SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC DRAINAGE EASEMENT Assessor's Parcel No- 254-090-41./ JERRY HAYNAL AND CARLA SUE HAYNAL HUSBAND AND WIFE AS JOINT TENANTS, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Drainage Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-58 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, the real property described as follows SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF GRANTOR(S er Carla Sue Haynal, Owneif- Z Date 4-7 Il Date Signature of "GRANTOR(S)" to be notarized Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On )~_;b. 20/2, before me, R466h ~ lL Adle-e-0 cJ y pU I661 c , Date Here Insert Name and Title of the Officer personally appeared TERR / Q vld. G4jK1_,q ,5,lJ 74/4 ",4 Z, Name(s) of Signer(s) RANDA GAIL MILLJOUR Commission #1916144 < N • ; Notary Public - CaliforniaA > San Diego County My commission Exp. Jan. 6, 2015 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 i rument and acknowledged me that he/shexecuted the same in his/he their authorized capacity(ies), and that by his/h thei signa 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 ~!'tquA ~ ignature of 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: 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: ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder Call Toll-Free 1-800-876-6827 GRANTEE: 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 gra e consents to recordation thereof by its duly authorized officer. ci, Z" r Lawrence A- att Date Interim Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ///Gqy On kh. before me, 17.% 9,41k /-Z(-) a Date Here Insert Name and Title of the Officer personally appeared 4&4X1Q1e16 W. 4/141/ % Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sre subscribed to the RANDA GAIL MILLJOUR Commission #1916144 < X m~ s Notary Public - California > San Diego County 4 1 My Commission Exp. Jan. 6, 2015 Place Notary Seal Above In instrument and acknowledged to me that he/ he/they executed the s me i is er/their authorized capacity(ies), and that his er/their 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 nature of 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: 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., PO. Box 2402 • Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF LOTS 2 AND 3 IN SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF BLOCK 9 OF NORTH LEUCADIA ACCORDING TO MAP THEREOF NO 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, AND A PORTION OF EATONVILLE, ACCORDING TO MAP THEREOF NO 513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO MARCH 20, 1888, DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THE NORTH LINE OF SAID SECTION 4, BEING THE SOUTHEAST CORNER OF LOT 16 OF AVOCADO ACRES NO. 3, ACCORDING TO MAP THEREOF NO 2063, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 3, 1927, THENCE ALONG SAID NORTH LINE 89 DEGREES 59 MINUTES 45 SECONDS WEST 99 74 FEET TO THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY THE SOUTHERN TITLE AND TRUST COMPANY TO THE SOUTH COAST LAND COMPANY, BY DEED DATED JANUARY 13, 1927 AND RECORDED IN BOOK 1312, PAGE 109 OF DEEDS, RECORDS OF SAID SAN DIEGO COUNTY, THENCE ALONG THE EASTERLY LINE OF THE LAND SO CONVEYED, SOUTH 07 DEGREES 10 MINUTES EAST 179 77 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO JOHN H HOLLY AND WIFE, RECORDED MAY 28, 1946, AS INSTRUMENT NO 57243, IN BOOK 2141, PAGE 256, OF OFFICIAL RECORDS, THENCE SOUTH 07 DEGREES 10 MINUTES EAST 4 54 FEET, THENCE SOUTH 24 DEGREES 42 MINUTES EAST 115 32 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 24 DEGREES 42 MINUTES EAST 62 83 FEET, THENCE SOUTH 28 DEGREES 44 MINUTES EAST TO A LINE WHICH IS PARALLEL WITH AND 125 FEET NORTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN DEED TO JOHN H HOLLY AND WIFE, THENCE ALONG SAID PARALLEL LINE NORTH 79 DEGREES 06 MINUTES EAST TO THE EASTERLY LINE OF SAID HOLLY LAND, THENCE ALONG SAID EASTERLY LINE NORTH 26 DEGREES 23 MINUTES WEST 120 40 FEET TO THE NORTHEASTERLY CORNER OF SAID HOLLY LAND, THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 89 DEGREES 59 MINUTES 45 SECONDS WEST 124 40 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO LIONEL D HOLLY, ET UX, RECORDED MAY 7, 1962 AS FILE NO 78263, OF OFFICIAL RECORDS, THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 00 DEGREES 29 MINUTES 54 SECONDS EAST TO A LINE WHICH BEARS NORTH 61 DEGREES 01 MINUTE 53 SECONDS EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 61 DEGREES 01 MINUTE 53 SECONDS WEST TO THE TRUE POINT OF BEGINNING ALL AS DESCRIBED IN GRANT DEED DOCUMENT NO 2006-0873169 RECORDED ON DECEMBER 8, 2006 EXHIBIT "B" PUBLIC DRAINAGE EASEMENT AN EASEMENT FOR RIGHT OF WAY FOR DRAINAGE PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND WITHIN LOT 3 IN SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED THEREOF, BEING A PORTION OF BLOCK 9 OF NORTH LEUCADIA, ACCORDING TO MAP THEREOF NO 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 6, 1888 AND A PORTION OF EATONVILLE, ACCORDING TO MAP THEREOF NO 513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1888, SAID STRIP OF LAND BEING 10 00 FEET WIDE, LYING NORTHERLY AND AT RIGHT ANGLES OF THE FOLLOWING DESCRIBED LINE COMMENCING AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO JERRY HAYNAL AND CARLA SUE HAYNAL, HUSBAND AND WIFE, FILED IN THE OFFICE TO THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 8, 2006 AS DOCUMENT NO 2006-0873169 OF OFFICIAL RECORDS, THENCE SOUTH 89° 58'42" WEST ALONG THE NORTHERLY LINE OF SAID HAYNAL LAND 117 67 FEET, TO A POINT OF INTERSECTION OF THE CENTERLINE OF AN EXISTING 10 00 FOOT WIDE DRAINAGE EASEMENT DESCRIBED IN A DRAINAGE EASEMENT GRANTED TO THE CITY OF ENCINITAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 11, 2004 AS DOCUMENT NO 2004-042872 OF OFFICIAL RECORDS, THENCE ALONG THE CENTERLINE OF SAID EASEMENT SOUTH 00 31'27" EAST 117 54 FEET, THENCE SOUTH 61 ° 00'20" WEST 73 45 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID HAYNAL LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE SOUTHERLY LINE OF SAID 10 00 FOOT WIDE DRAINAGE EASEMENT, THENCE SOUTH 79° 05'48" WEST ALONG SAID SOUTHERLY LINE OF HAYNAL LAND 82 24 FEET TO THE WESTERLY LINE THEREOF THE NORTHERLY LINE OF SAID 10 00 WIDE EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE WESTERLY LINE OF HAYNAL LAND AND THE NORTHERLY LINE OF SAID 10 00 DRAINAGE EASEMENT AS DESCRIBED IN SAID DOCUMENT 2004-042872 v o 17 .`~<.;Z/~ ✓ .T7q Jam' t _ N~Gs',+ts' ! i ~ 5 cv .1* b c~.9 12, 1y ~ y o o~. 2 Z v o i v mom ~ J Ct1 m = O- ~ N 4- O~L 0 r2 a h h w o- ~ O Zo Lo N o cL Z N aQ (D4. co ZvO r ZrN Z p O o v~ q °v y h ~ 0 n, 0 190. O s'o r o~ co 'o M ~y mN aw s~o 2 j o o. 0 ~ / ~9' Z ~j,tr~ °8ZS tx / \ EXHIBIT "D" Terms and Conditions for Grant of Public Drainage Easement The grant of public drainage easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public drainage easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for drainage and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of public storm drain, appurtenant facilities, and all structures and facilities incidental thereto, and for the flowage of any waters in, over, upon, and through said easement, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors, or assigns, and in addition thereto, to remove soil and other materials within said easement and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said drainage facilities or structures incidental thereto To have and to hold said easement 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 and made subject to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. The Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it unless the fence interferes with the easement use This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of drainage easement. Grantor agrees that Grantor's duties and obligations under this easement upon the subject property Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor