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2003-168310'r �o Recording Requested By: ) DOG # 2003- 0168310 FEES 13T 2003 11:59 AM When Recorded Mail to: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 5rg" �S/� fgs rMC. ) GREGORY J. SMITH, COUNTY RECORDER /69 AViJa*N FE 23.NA � f.) C4. �l2ozy ) )SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. 216-052 -03 DRAINAGE EASEMENT Project No.: 967 101 INVESTORS LLC, A CALIFORNIA LIMITED LIBALITY COMPANY, hereinafter designated Grantors do hereby grant, bargain, convey and release unto MERLE BEACH ESTATES, INC., herein designated Grantee, its 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 STORM DRAIN FACILITIES and all structures incidental thereto, and for the flowage of any waters in, said facilities, 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 Grantee, its successors or assigns. To have and to hold said easement and right -of -way 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 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 EXHIBIT '•A•' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, SAID EASEMENT EXHIBIT "B" .•- -. - 1 11 ti17 IS GRAPHICALLY DEPICTED ON ATTACHED 127 ©5 There is reserved to the Grantor, his 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 Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this day of ;�Gd y, 2003. Grantor: 101 Investors LLC a California I Limited Company ktMMEf, Signature of Owners to be notarized. Attach the appropriate acknowledgments. Drainage easement 11 -20 -00 bak .L 061, / V V 11-VP ^A� rrnnUNA AN 1 _DURDASE ACKNOWLEDGMENT State of California ss. County of On 1aa —AUU 4;k.03, before me, ul(ES -�hA R� , Date , ,r Name and Title of officer (e.g., Jane Doe, Notary Public ) personally appeared �t l ❑ personally known to me �Ol proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is4Fe subscribed to the within instrument and acknowledged to me that hellsMe/fhey executed the same in his/herltheir authorized capacity(ies), and that by his /heFfitheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WIT ESS my hand and official seal. Place Notary Seal Above SigneWre 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual or of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 Der Soto Ave., P O. Box 2402 • Unatswonn, u^ a i o m c %un r lM 27>7� GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: �U�IE SAVl�ji7Q ��1�{�d((iv Commission Number: J Zq Cl S>s Date Commission Expires: 1914K' Ol boy County Where Bond is Filed: P�J3 Manufacturer or Vendor Number: /(-"z - (Located on both sides of the notary seal border) Signature: hvc Firm Name (if applicable) Place of Execution: Ut4Ld Date: Rec. Form #RIO (Rev. 7/96) 12708 EXHIBIT "A" STORM DRAIN EASEMENT AN EASEMENT FOR STORM DRAIN PURPOSES OVER, UNDER, ALONG AND ACROSS THE SOUTHWESTERLY 10.00 FEET OF CITY OF ENCINITAS TENTATIVE PARCEL MAP NO. 02 -013. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEING THE SAME LAND AS DESCRIBED IN A DEED TO 101 INVESTORS LLC A CALIFORNIA LIMITED LIABILITY COMPANY PER DOCUMENT NO 2001 - 510817 RECORDED JULY 23, 2001 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. 10.27 EXHIBIT °B" 1270 1 STORM DRAIN MOMENT PLAT LA COOM AVENUE • n7.G 4 A 90' rPROPOSM 10' WIDE STO M+ DRAnv 1 EASEMENT PARCEL 1 I I I �\ K Nq PARCEL 2 W N � 1 � i� i IQ 1. I� 1 1 1 PARCEL 3 1 I _ 1 1" =W INDICATES STORM DRAIN EASEMENT 0