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2013-382565 D O C ## 201 3-0382565 111111111 IN iP Recording Requested By: ) JUN 18, 2013 3:24 PM City f Encinitas OFFICIAL RECORDS y ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. DronenbWg,Jr.,COUNTY RECORDER FEES: 0.00 When Recorded Mail to: ) OC: NA City Clerk ) PAGES: 9 City of Encinitas 505 South Vulcan Avenue ) IIIIIIIIIIIIIIIIIIIIIIIIII�I Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC DRAINAGE EASEMENT Assessor's Parcel No: 256-233-15 v1 'ME NTARY TRANSFER TAX$� MATTHEW S. WALKER AND MONIQUE C. WALKER, HUSBAND AND WIFE AS COMMUNITY PROPERTY, 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. G RA _ Matthew S. Walker, Owner Date onique C alker, wner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of V On 45/�� before me, Date er nsert Name and Title of the Officer personally appeared ' 1 pall L.04 11-6 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Flare subscribed to the within instrument and acknowledged to me that VjD*/they executed the same in 1164%/their authorized capacity(ies), and that by P1i6/tX/their signature(s) on the instrument the �� ASHM L.SPARKS person(s), or the entity upon behalf of which the Commi8sbn a 2010814 person(s) acted, executed the instrument. Notary Public•Calibrnia San Dispo County My + Comm.Expirss Mar 8,2011 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: Place Notary Seal Above kSignatur Not y ublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relyi on the document and could prevent fraudulent removal and reattachment of this form to anot d ument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 4 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): ❑Corporate Officer — Title(s): Individual ❑ Individual i 7 Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General . Top of thumb here C] Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee Guardian or Conservator 11 Guardian or Conservator ❑ 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 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 an co e s to recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Engineering and Public Works City of Encinitas EXHIBIT "B" LEGAL DESCRIPTION THAT PORTION OF PARCEL NO. 3, PARCEL MAP NO. 3320, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 17, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE PUBLIC DRAINAGE EASEMENT LYING 7.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT MOST NORTHERLY CORNER OF SAID PARCEL 3, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF SIDONIA STREET HAVING A HALF WIDTH OF 20.00 FEET AS SHOWN ON SAID PARCEL MAP NO. 3320 AND BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 120.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 54 019'05" EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHEASTERLY LINE OF SIDONIA STREET A DISTANCE OF 54.85 FEET THROUGH A CENTRAL ANGLE 26 011'14"; THENCE LEAVING SAID SOUTHEASTERLY LINE OF SIDONIA STREET ALONG A RADIAL BEARING SOUTH 28°07'51" EAST 10.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF A 10.00 FOOT WIDE EASEMENT FOR PUBLIC ROADWAY PURPOSES RECORDED NOVEMBER 25, 1974 AS DOCUMENT NO. 74-309925 OF OFFICIAL RECORDS AS SHOWN ON SAID PARCEL MAP NO. 3320, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 44 050'03" EAST 47.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3 DISTANT 78.18 FEET MORE OR LESS FROM SAID MOST NORTHERLY CORNER OF PARCEL 3 AND THE END OF THIS LEGAL DESCRIPTION. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR FORSHORTENED TO END AT THE SOUTHEASTERLY LINE OF SAID 10.00 FOOT WIDE PUBLIC ROADWAY EASEMENT AND AT SAID EASTERLY LINE OF PARCEL 3. CONTAINS 709 SQUARE FEET, MORE OR LESS. D& v O No.7665 CAL4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL NO. 3, PARCEL MAP NO. 3320, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 17, 1974. CONTAINS 29,689 SQUARE FEET, MORE OR LESS. o nsp O No.7665 7 . � D ��CAl. 4 EXHIBIT "C" ,,,s�✓�I POB o . . EET R SIONIA S% ,9 �'' QD 20.00' _ � � � � © ,,�;';�%_ f 7.50' " E 58.29 20 0 791248 f�- �L 7.50' 10.00' % ' , 15.00 O 15' WIDE DRAINAGE EASEMENT I �® EXISANG 10' WWDE EASEMENT TO THE CITY OF ENCINITAS FOR PUBLIC ROADWA Y GRANTED HEREON PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO BY DOC. EXISTING EASEMENT FOR ROAD AND PUBLIC N / NO. 74-309925 RECORDED UTILI TY PURPOSES IN FAVOR OF PCL 4 OF PARCEL MAP NO. 3320, RECORDED NOVEMBER 25, 1974 OF O.R. SEPTEMBER 12, 1975 AS FILE NO. I / I 75-247167 OF O.R., AND 30' WIDE o PRIVATE ROAD EASEMENT PER PM 3320. J�JI 3320 EASEMENT QUITCLAIMED PER DOCUMENT ; NO. 2012-0116968 RECORDED FEBRUARY / 29, 2012 PAP1 C E. L J, I I � � W PAJI 3320 I A W L I pEXISTING IRREVOCABLE OFFER TO �, DEDICA7F REAL PROPERTY FOR ROADWAY ; N o o z PURPOSES GRANTED TO THE COUNTY OF--/ I ' q SAN DIEGO PER DOC. NO. 74-309926 RECORDED NOVEMBER 25, 1974 BOOK 0 1974 OF O.R. II--30.00' I �O N I IRREVOCABLE OFFER TO DEDICA7F REAL I I PROPERTY QUITCLAIMED PER RESOLURON i o % 89-32 PER DOCUMENT NO. 1989-433471 RECORDED AUGUST 14, 1989. i I 3 NO OfARING RADIUS LENGTH --- N 8752'31" W 130.00' I ------ 1 2671'14" 120.00' 54.85' N28-0751"W — 10.00' P A F3 C E�L 4, � I I 0329106" 130.00' 7.91' P AJ1 3320 0325'21" 130.00' 7.76' UAND SU N4450103"W — 38.19' L. N44 50'03"W 47.20' �����° 0 0 N4450'03"W — 56.71' No.Ms NO2VY29"E — 10.26' O N025729-E — 10.26' �t •- SAMPO ENGINEERING, INC. N025729 1E — 67.92' 0 1720'39" 120.00' 36.32' �p CALIf�4 TEL..: (760)436-0660 FAX (760)436-0659 JN, 12-111 WALKER 051-311,13 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 are a lien 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Zc:�,�;c<,�!�,�r>,cv?.�:F?;�r.�h.��.��rc�,cv�,cTf r _ _ a .�;Zec�.,�vU�=<2c�,c.�., ,crfizsc�,c�.�c>�c�t..�.c:�rcr�,�c+,Ficr.<rac�,EiS't State of California County of la/M On before me, 24`A)bW aWl Ae L 1,,,11ZZQ_Z)c)_, Date Here Insert Name and Title of the Officer personally appeared ew 6VXZ &0/" Name(s)of Signer(s) fu I who proved to me on the basis of satisf9ptory evidence to be the person(s) whose name(sUs are subscribed to,"ithin instrument and acknowledged I e tha( ht6ifie/they executed the same in h i r/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR 1 Commission#1916144 is r/their signature(s) on the instrument the U) - california;o i� Notary Public person(s), or the entity upon behalf of which the san Diego County T I > 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 paragraph is true and correct. WITNESS my hand and official seal. Signature:7 _)�_z6v 4a6e41a4__ Place Notary Seal Above I Sign f re of Notary Public OPTIONAL I 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(iies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): LE]Corporate Officer — Title(s): 1:1 Individual I❑I Individual ❑ Partner — ❑Limited E-1 General Top of thumb here -_1 Partner — ❑ Limited L-i General Top of thumb here T ❑ Attorney in Fact ❑Attorney in Fact I Trustee ❑Trustee 77 77 : l_' Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907