2012-419177 Recording Requested By: ) D O C # 2012-0419177
R. RIMMER CONSTRUCTION, INC. I 1111 11111 IN IN
7to It ( ►Di X103
'' CC��.�►Ff Sv Ti► Sri, CA �Z�c�"7 ) JUL 19, 2012 8:06 AM
OFFICIAL RECORDS
When Recorded Mail to: ) SAN DIEGO COUNTY RECORDER'S OFFICE
l Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 37.00
w SAME AS ABOVE ) OC: NA
PAGES: 5
SPACE ABOVE FOR RECORDER'S USE ONLY
DRAINAGE EASEMENT GRANT DEED
Assessor's Parcel No. 264-173-22 DOCUMENTARY TRANSFER TAX$ 0
Mo C.C)iJ5 ol--T aA—r/o w
R. RIMMER CONSTRUCTION, INC., A CALIFORNIA CORPORATION, hereinafter
designated Grantor, does hereby grant unto TRACY MAZIEK AND JENNIFER
MAZIEK, HUSBAND AND WIFE, AS COMMUNITY PROPERTY, owners of Parcel 2 of
Parcel Map no. 20444, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof filed February 21, 2008, herein designated
Grantees, their 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 flood DRAINAGE channel and all structures incidental thereto,
including a BIORETENTION BMP, and for the flowage of any waters in, over, upon or
through said channel, 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 Grantees, their successors or assigns.
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 EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A
PART HEREOF BY THIS REFERENCE.
The Grantees, their successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of improvement.
z
C)
r=-
0
ME
CD
U
CSC
O
C:)
_z
W
W
C.)
W
C=
i
The Grantor, its successors and assigns, reserves the right to enclose in a manner j
approved by the Grantees, their successors and assigns, any portion of an
unenclosed flood drainage channel provided such enclosure is constructed or installed
by a licensed contractor in accordance with plans and specifications approved by and
to the satisfaction of the Grantees, their successors and assigns. In granting their
approval, the Grantees, their successors and assigns, may impose reasonable
conditions including but not limited to, the filing by the contractor or Grantor of an
adequate form of security.
There is reserved to the Grantor, its 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 Grantees, their
successors and assigns, of the rights and privileges herein granted.
Dated this /0/ day of J�/, , 2012.
Grantor: 0. RIMMER CONSTRUCTION INC.,
C ORNIA CORPORATION
r
B 2
Its:
e
EXHIBIT A
DRAINAGE EASEMENT DESCRIPTION
AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, ALONG, AND ACROSS
THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 20444, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARCEL MAP THEREOF FILED FEBRUARY 21, 2008 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT 40.00 FOOT RADIUS CURVE
IN THE EASTERLY BOUNDARY OF SAID PARCEL 1 TO WHICH A RADIAL LINE
BEARS N 65056'48"W; THENCE NORTHEASTERLY 20.91 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 29057'19"TO THE NORTHERLY
TERMINUS OF SAID CURVE; THENCE RADIAL TO SAID CURVE N 35°59'29" W 5.00
FEET TO THE BEGINNING OF A NON—TANGENT 45.00 FOOT RADIUS CURVE
CONCENTRIC WITH SAID 40.00 FOOT RADIUS CURVE; THENCE SOUTHWESTERLY
24.85 FEET ALONG THE ARC OF SAID 45.00 FOOT RADIUS CURVE THROUGH A
CENTRAL ANGLE OF 3103 8'12"TO THE INTERSECTION OF SAID CURVE WITH THAT
36.50 FOOT RADIUS CURVE SHOWN ON SAID PARCEL MAP WHICH PASSES
THROUGH THE POINT OF BEGINNING (A RADIAL LINE FROM THE CENTER OF SAID
36.50 FOOT RADIUS CURVE TO SAID INTERSECTION BEARS N 5 009'23"E); THENCE
EASTERLY 5.16 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 8 005'42"TO THE POINT OF BEGINNING.
PREPARED BY:
0
PLS 8548
BLAKE E. TO RS , PLS 8548
EXHIBIT B
DRAINAGE EASEMENT PLAT
I
N35 '59'29"W
5.00''
DRAINAGE
(RADIAL)
EASEMENT
R=45.00'
PARCEL 1 L=24.85'
PAR
PM EL I A= 31 '38'12" S PARCEL 2
PM 20444
R=40.00'
L=20.91 '
4= 29 '57'19"
i
P=36.50' I \
/ L=5. 16'°
4= 8'05'42 I N6s;
/ PROPOSED 5' GENERAL I �945I44 B�' \
-UTILITY EASEMENT -�
/ PER PM 20444 I
v \
al j
2 w I �
Ou
o I PARCEL 3 \
zl = PM 20444
I
1
I
N
oNP� LAND ,
TOR
SCALE: 1"=10'
0 5 10 20 PREPARED BY:
m �ZD
PLS 8548
PASCO LARET SUITER 1 s�qT oQ��P`
& ASSOCIATES BLAKE E. TO GERSE , PLS 8548 F OF CALIF
535 N Coast Highway 101 Ste A Solana Beach,CA 92075
ph 858.259.8212 1 fx 858.259.4812 1 plsaengineering.com / 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A
State of California )
County ofd f� )
I
On 7-11— /Z before me, ,/C�ft/ � G �; /✓C� y �7 �t/G
Date Here Insert Name and Title of the Officer )
personally appeared
Name(s)of SignerX)
who proved to me on the basis of satisfactory
evidence to be the personA whose name(4 92afe-
subscribed to the within instrument and acknowledged
to me that dq�stae/they executed the same in
h /t4E it authorized capacity O, and that by
i If er/t4eir signature(a�'on the instrument the
personal, or the=entity upon behalf of which the
person(aj acted, executed the instrument.
RDN J. SEGAL I certify under PENALTY OF PERJURY under the
Commission # 192ssoi laws of the State of California that the foregoing
Z -e Notary Public-California n paragraph is true and correct.
San Diego County
My Comm.Expires Feb 21,2015 WITNESS my hand and official seal.
Si g nature: 1� 1
Place Notary Seal Above OPTIONAL Signature of Notary P c
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: 1
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Individual ❑ Individual
❑ Partner — ❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General Top of thumb here )
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
1
❑ Other: ❑Other: 1
)
I
Signer Is Representing: Signer Is Representing: )
)
I
1
- --------.1S��
G 2010 National Notary Association•Nation a IN ola ry.org•1-800-US NOTARY(1-800-876-6627) Item#5907