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2012-239690f6 0, r. Recording Requested By: City of Encinitas When Recorded, Mail to- City Clerk City of Encinitas 505 South Vulcan Ave Encinitas, CA 92024 ooctt zoiz- ozassso IIYIII�IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII APR 24, 2912 4:29 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 OC NA PAGES: 9 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DRAINAGE AND PEDESTRIAN ACCESS EASEMENT - Assessor's Parcel No. 260- 651 -16 ✓ DOCUMENTARY TRANSFER TAX$ 0 The Anderson Family Trust U /D/T dated January 29 2004 hereinafter called GRANTOR, the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows. SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF, does hereby grant and convey for valuable consideration, the receipt of which is hereby acknowledged, to the City of Encinitas, a Municipal Corporation, hereinafter called GRANTEE, a Drainage and Pedestrian Easement, subject to the terms and conditions set forth as EXHIBIT "D" which is attached hereto and made a part hereof, the real property described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR: Rodne,, Anderson and Susan T. Anderson, datewiy, }glary 29, �004,,,Owner' Rod0 ey Anq�rson, Trustee Susan T Anderson, Trustee Trustees of The Anderson Family Trust U /D/T Z`( C Date Date Signature of "GRANTOR(S)" to be notarized Attach the appropriate acknowledgments. 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 Grantee consents to recordation thereof by its duly authorized officer. ty Gr g Shi ds, P.E. City Eng veer City of Encinitas Date CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On before me, R71 i(lAA r414. J�! /GCwU�g C Date Here Insert Name and Title of the Otficer personally appeared Name(s) of Signer(s) a RANDA GAIL MILLJOUR Commission # 1916144 < Notary Public - Californian > San Diego County A My Commission Exp. Jan. 6, 2015 Place Notary Seal Above who proved to me on the basis of s tisfactory evidence to be the person(s) whose name(s is re subscribed to the thin instrument and acknow ed to me that he/ a /they executed the me i his/ er /their authorized capacity(ies), and that to er/M-r 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 • 1 Signature Si ture of Notary 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 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County ofJ.�10 On lall, before me,'ij,-/wg 4 /"/IZ4171),e, AEI -W Date Here Insert Name and Title of the Officer personally appeared who proved to me on the basis of satisfa tory evidence to be the person(s) whose name(s6re subscribed to t within instrument and acknowledged t me that h he /they executed the same in her /their authorized capacity(ies), and that by RANDA GAIL MILLJOUR is er /their signature(s) on the instrument the y4 Commission #1916144 < erson(s), or the entity upon behalf of which the • Notary Public - Californian person(s) acted, executed the instrument. San Diego County A My Commission Exp. Jan. 6, 2015 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 Place Notary Seal Above 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 ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Number of Pages: Signer's Name ❑ Corporate Officer— Title(s) ❑ Individual ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thum7her. ❑ Guardian or Conservator ❑ Other- Signer Is Representing: •• 1...,y - --- —I—I k - ouu- o,o -oati) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County ot!j,l J /�—iC� C, j On / L,)— � ,/ before me, i v✓ui 6�l Date Here Insert Name and Title of the Officer personally appeared .50,5,4,,1( "' 1�1V og Y),t/ Name(s) of Signer(s) RANDA GAIL MILLJOUR a Commission #1916144 < rn , ir Notary Public - Californian > San Diego County 4 My Commission Exp. Jan. 6, 2015 who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is )are subscribed to the within instrument and acknowledged to me that het ey executed the same in his er elr authorized capacity(ies), and that by hi e / 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 Q2 «dz�� �L Place Notary Seal Above OPTIONAL Bi nature of Notary Public / 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 ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s) ❑ Individual ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other- Signer Is Representing: © 2009 National Notary Association • NationalNota or 1- 800 -US NOTARY (1- 800 -876 -6827) V v— v��wwwwwwWwww�C.�,�%C.ca,�Item 5907 ry. g Item #5907 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF LOT 16, MAP NO. 14006, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDS OF SAID COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: Beginning at the northwest corner of said Lot 16; Thence along the westerly line of said Lot 16 South 6 040'35" East 6.91 feet; Thence North 89 026'13" East 26.69 feet; Thence North 88 010'05" East 47.99 feet; Thence North 89 005'38" East 43.21 feet; Thence South 89 056'30" East 48.53 feet to the easterly line of said Lot 16; Thence along said easterly line North 0 °04'57" West 4.67 feet to the northerly line of said Lot 16, Thence along said northerly line South 89 °55'03" West 167.19 feet to the Point of Beginning. The above described parcel contains 900 square feet, more or less. All as more particularly shown Exhibit B, attached hereto, and by reference, made a part hereof. Prepared in the Office of Leonard C. Stiles PLS 5023 License Expires December 31, 2011 September 3,2011 r EXHIBIT B SCALE 1 " =30' POB Northwest corner Lot 16 N 89 °55'03" E 167 19' 6.91' 900 S F S6 °40'35 "E -- --+--------+-------- --I?------- •, N 88 °10'05" E N 89 °05'38" E S 89 °56'30" E N 89 °26'13" E 47 99' 43.21' 48.53' 26.69' 4.67' N 0'04'57"W z ' Easement granted to the City of Encinitas .z � I 0 w cn LOT 16 MAP NO. 14006 w a co m W 0 O. O. Z R= 222.50' L =76 69' D =19 °44'52" a N Bq Cy R =177 50' N L= 80.23' D =25 °53'57" STREET N � N i raverse ru T 0 ° 0 Cn V m N O O N o :a ;m EXHIBIT "C" LEGAL DESCRIPTION OF REAL PROPERTY Lot 16 of City of Encinitas Tentative Map 89 -229 in the City of Encinitas, County of San Diego, State of California, according to the map thereof No. 14006 filed in the Office of the County Recorder of San Diego County on July 21, 2000. EXHIBIT "D" Terms and Conditions for Drainage and Pedestrian Access Easement The grant of Drainage and Pedestrian Access Easement made by the Grantor named herein for the benefit of the City of Encinitas, a Municipal Corporation, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The Drainage and Pedestrian Access 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 storm drain, other drainage conveyance systems, and 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 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 by Grantee, its successors, or assigns, and 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, and in addition thereto, for pedestrian access. To have and to hold said easement unto itself and unto its successors and assigns forever. 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 Attachments A and B hereto. 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 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, or with pedestrian ingress and egress along said easement. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to this grant of Drainage and Pedestrian 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