Loading...
2013-382556 DOC # 201 3-0382556 Recording Requested By: I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IN r, City of Encinitas JUN 18, 2013 3:21 PM OFFICIAL RECORDS ;�p When Recorded, Mail to: SAN DIEGO COUNTY RECORDER'S OFFICE 9f� ! Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 ' City Clerk OC: NA p1 ' City of Encinitas PAGES: 9 505 South Vulcan Ave. Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DRAINAGE, LANDSCAPE, AND PEDESTRIAN ACCESS EASEMENT Assessor's Parcel No: 260-651-15 =D&CUMENTARY TRANSFER TAX$— Brandon P and Sarah J Drohan, 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 of $3,000.00, the receipt of which is hereby acknowledged, to the City of Encinitas, a Municipal Corporation, hereinafter called GRANTEE, a Drainage, Landscape, 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: Brandon P Drohan Date S Sat/ Drohan Date Signature of"GR4NTOR(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�onsent recordation thereof by its duly authorized officer. r Glenn Pruim, P.E. Date Director of Engineering Services/Public Works City of Encinitas EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF LOT 15, 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 15; Thence along the westerly line of said Lot 15 South 00 004'57" East 4.67 feet; Thence South 89°56'30" East 93.06 feet; Thence South 87°38'30" East 84.83 feet; Thence North 3 021'40" West 8.53 feet to the northerly line of said Lot 15; Thence along said northerly line South 89°55'03" West 177.32 feet to the Point of Beginning. The above described parcel contains 1012 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 y Leonard C. Stiles PLS 5023 l s:: R License Expires December 31, 2013 , September 3, 2011 ; '` N it EXHIBIT B 0 30' 60' SCALE 1"=30' POB Northwest corner 8.53' .'' Lot 15 `-N 3°21'40"W N 89°55'03"E 177.32' 1 s �. - - - - - - - - - - - - - - - - -- - - - - 1012s.f. `4.67' S 89 056'30"E 93 S 87°38'30"E S 0°04'57"E .06' 84.83' �pO6'o Easement granted to the City of Encinitas as R=177.50' L=6.53' 0 LOT 7 5 D=2°06'23" A M MAP NO. 14006 IT J V / i b / o R=177.50' to : L=84.43' Z•' D=27°15'11" / / i i i Traverse PC EXHIBIT "C" LEGAL DESCRIPTION OF REAL PROPERTY Lot 15 of Map No. 14006 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, Landscape, and Pedestrian Access Easement The grant of Drainage, Landscape, 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, Landscape, 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. Together with the right to plant, maintain, replace, and remove landscaping landscaping, including the installation, construction, maintenance, repair, and replacement of irrigation systems, appurtenant facilities, and all facilities incidental thereto. 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, Landscape, 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of l° On s 3 before me, Qz- 1414 Date Here Insert Name and Title of the Officer personally appeared RR/y;tj00 XD AWOHA-A-1_ Name(s)of Signer(s) ?)il?0 4�I�l F who proved to me on the basis of satisfactory ? evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me t he/s /the executed the same in his/he /their authorized capacity(ies), and that by RANDA GAIL MILLJOUR his/h t e signature(s) on the instrument the Commission#1916144 < person s), or the entity upon behalf of which the � 'tli0� �° Notary Public- California0) person(s) acted, executed the instrument. San Diego County A My Commission Exp. J2n. 6, 2015 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. i. Signatur dtic Place Notary Seal Above Siyfiature of Notary Public OPTIONAL ; Though the information below is not required by law, it may prove valuable to persons relying on the document 1 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) i Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): I 11 Individual :•• 1­ Individual „I -1 Partner — L Limited ❑General Top of thumb here L Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact 1:1 Attorney in Fact ❑ Trustee ❑Trustee -1 Guardian or Conservator ❑Guardian or Conservator I ❑ Other: ❑Other: , I. Signer Is Representing: Signer Is Representing: },I ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �y�'.�:i^.�.e:t'.c�Y�Y�,c,�.:c�,�^,,.r.�,�a�,�v^,�e�,i�.ccze�k:r.�t.cY�,c��^.,�fic�^;�t�.;•cc-�C'.e�+.etY;cce�'.cc.erc:e.��.4:c.ercre:c:�C`.re�.cc;cc.c=Y`.cr,e>.'�, State of California County oft —� ) On /5 before me, cUS4 16 A14_4_-004 .0 GIG yyy l5ate Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) y I who proved to me on the basis of satisf tory evidence to be the person(s) whose name(s are subscribed to tha within instrument and acknowledged to me that he/they executed the same in i er/their authorized ca acit ies and that b RANDA GAIL MILLJOUR P Y( ) Y Commission#1916144 < is er/their signature(s) on the instrument the � Notary Public California erson(s), or the entity upon behalf of which the > San Diego County person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ' I paragraph is true and correct. ) WITNESS my hand and official seal. Signature: .rtiie(®✓ (( Place Notary Seal Above S' nature of Notary Public t 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: 11 Corporate Officer — Title(s): ❑Corporate Officer — Title(s): S Individual ❑ Individual I-1 Partner — ❑Limited ❑General Top of thumb here 1 Partner — ❑ Limited ❑General Top of thumb here ❑' Attorney in Fact ❑Attorney in Fact Trustee ❑Trustee Guardian or Conservator ❑Guardian or Conservator i ❑ Other: ❑;Other: Signer Is Representing: Signer Is Representing: i ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907