2004-306073RECORDING REQUESTED BY:
RECORDING REQUESTED BYLAVYYMnTLE
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q�yJ1� AND WHEN RECORDED MAIL TO:
DCM Properties, Inc.
937 S. Coast Hwy 101, Suite C -201
Encinitas, CA 92024
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DOC # 2004 - 0306073
APR 09a 2004 3 :54
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFICE
GREGORY J. SNI% COUNTY RECORDER
FEES: 2'3.00 .
a 179 `i OC: NA
�Id1111111111111111111111 11111111111111111111111111111111111111111111
2004 -0306073
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PRIVATE DRAINAGE EASEMENT
ASSESSOR'S PARCEL NO.
216- 052 -10, 216- 052 -09
HAGEN- RENAKER, INC., a California corporation, as owner of Assessor's Parcel No.
216- 052 -10, hereinafter designated Grantor do hereby grant, bargain, convey, and
release unto THE LIZBETH A. ECKE AND DAVID C. MEYER COMMUNITY
PROPERTY TRUST DTD 1/12/95, as owner of Assessor's Parcel No. 216- 052 -09,
herein designated Grantee, its successors and assigns, a perpetual non - exclusive
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, which shall
be limited to an underground 12 -inch storm drain line, 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 and maintenance of said
easement and right -of -way by Grantee, its successors or assigns.
The Storm Drain Facilities shall be constructed, maintained and repaired at the sole
cost of Grantee in accordance with reasonable standards of health and safety, all
applicable laws and regulations. Upon the completion of any maintenance, repair and /or
replacement of the Storm Drain Facilities, Grantee shall return Grantor's property to the
condition in which it was found at the time of initiating such work. Should the Storm
Drain Facilities be damaged by Grantor or it's agents, then Grantor shall repair said
damage at it sole cost.
Except where caused by the gross
negligence
and /or intentional act
of Grantor or
Grantor's agents, Grantee hereby
agrees that
Grantor shall not be
liable for any
damage or liability of any kind or for
any injury
to
or death of any person
or damage to
H -R SD Easement v1 Page 1 of 5
21755
property of Grantee or any other person from any cause whatsoever, by reason of
Grantee's construction or maintenance of the Storm Drain Facilities or the use,
occupancy maintenance or enjoyment of the Drainage Easement described herein.
Furthermore, except where caused by the gross negligence and /or intentional act of
Grantor or Grantor's agents, Grantee shall indemnify, defend and hold harmless
Grantor from any and all claims, liens, liabilities, statutory or otherwise, obligations,
demands for damages, damage to Grantee's property, penalties, causes of action,
costs, irrigation damage, water damage, expenses and other detriments whatsoever,
including, without limitation, personal injury or death, actions of subcontractors, all
consequential damages, attorneys' fees and expenses on account of any such real or
claimed damage or injury arising out of Grantee's or Grantee's invitees', agents' or
contractors' access to, use, maintenance, repair or replacement of the Drainage
Easement and /or Storm Drain Facilities, and all appurtenances thereto.
This Drainage Easement is an easement between private parties and may not be
granted, conveyed or assigned to any public agency without the mutual consent of both
Grantor and Grantee, which consent may be withheld in each parties sole discretion.
It is the purpose of the Grantor and Grantee that the obligations and rights hereby
created shall be and constitute a covenant running with the land, and any subsequent
purchaser thereof shall be deemed to have consented to and become bound by these
presents.
Grantee shall have the right to grant an easement for the same purposes stated
hereunder across its property, to the owner of Assessor's Parcel No. 216- 052 -08, for
which the natural flow of storm waters is onto, over, or under both Grantor's and
Grantee's herein described real property. Grantor, Grantee and the owners' of the
above identified parcels shall not grant this easement to any other party without the
mutual consent of all parties herein.
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 IS GRAPHICALLY DEPICTED ON ATTACHED EXHIBIT "B"
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 Grantee, its successors and
assigns, of the rights and privileges herein granted.
H -R SD Easement v1 Page 2 of 5
21796
In the event of any controversy, claim or dispute relating to this agreement or the breach
hereof, the prevailing party shall be entitled to recover from the losing party reasonable
costs, expenses and attorneys fees.
In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, the validity and enforceability of the
remaining provisions shall not be affected thereby.
This agreement may be signed in two or more counterparts, all of which shall constitute
one and the same writing.
i
Dated this day of , 2004.
GRANTOR:
Hagen - Renaker, Inc.,
a California corporation
Susa Nikas, President
SEE NEgc, t'A4E God
%}c" 6 tv Lc D 6 of cam. v
GRANTEE:
The Lizbeth A. Ecke and David C. Meyer
Community Property Trust dtd 1/12/95
uavid U. Meyer, co- I rustee
Signature of Grantor and Grantee to be notarized.
Attach California all- purpose acknowledgements.
H -R SD Easement v1 Page 3 of 5
2It 797
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
n ss.
County of
On _2-ll o before me, iE7F11#A/ —' 0 u /NG- NoTf%/L/ �y441C
Date Name 2d Title of OXker (e g., Va D . Notary Public')
personally appeared 5U SAN X11/9 F*S
Names) of Signers)
a.
11
°❑ ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the personNs whose nameX islydra
subscribed to the within instrument and
acknowledged to me that Nshe /tht r executed
the same in �Mrtsher /tF�c authorized
capacityN%64, and that by – k/her/tTeit,
signaturejS,on the instrument the personj3y„or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
6&rzj w
Signature of Notary Pu
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 Top or thumb here
• Corporate Officer— Title(s):
• Partner — ❑Limited 71 General
• Attorney -in -Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association • 9350 Da Soto Ave., P.O. Box 2402 • Chatsmhh, CA 913132402 • x nationalnotary org Prof No. 597 Reorder: Call Toll -Free 1- 810-6827
21798
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
j11e� O ss.
County of, a n t/
On oZ' 1ci'O� before me, Suzanne R• 0 7Lt
Date - a a a Name and Title of officer (e.g., `Jane Doe, Notary Public')
personally appeared
GIGe . (.n -wu
*.personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(t whose name is /ak
subscribed to the within instrument and
acknowledged to me that tArishe /µfey executed
the same in pis /her /tfir authorized
capacity(is6T, and that by pis /her /tWr
signature(s' on the instrument the person(6T, or
the entity upon behalf of which the personkg)
acted, executed the instrument.
WITNESS my hand and official seal.
}t-/
Signature of Notary Putok
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: a 1 V 0.te rrGt l r c, 4 t 0.5¢t^neYl
Document Date: oG - �0 4 Number of Pages:
Signer( Other Than Named Above: 0.V C . M eV eV
Capacity(ies) Claimed by Signer
Signer's Name:
❑ I
Individual
❑ C
Corporate O
Cl P
Partner — C1 ❑
❑ A
Attorney -in -F
P T
Trustee
El G
Guardian or
C1 O
Other:
— Title(s):
Limited ❑ General
act
Conservator
Signer Is Representing: :iCI-F
0 1999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatswodh. CA 91313 -2402 • w nationalnotary oq Prod. No. 59W Reorder: Call Tall -Free 1 -8068] 6-882]
2 117 99
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Soh 1/ 1"O
On 21 9 Z y before me, cJ u ZA 1) h 0 R - 0 +- i- ,
Data % Name and Tide of odder (.g..'Jane Doe. Notary Pub litj
personally appeared ]D[7t \I t d C • M �V P ✓ [n -Tr She e
Ne e(s) of Signtr(s)
IU _
NOTAky E.pu it oTT
q SMUEGOCgHry F
NY CONN. EXPIHES OCT 03, 2006 "
•5ioersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(A'j whose name(?wf is /apes
subscribed to the within instrument and
acknowledged to me that he /sue /tk6y executed
the same in his /¢Er /tWr authorized
capacity(iW, and that by his /Wj7t
lr
signatureW on the instrument the person(K, o
the entity upon behalf of which the personfW
acted, executed the instrument.
WITNESS my hand and official seal. seal.
WI
n . � Notary Public • 6&
411 Signature of
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:
Mtti+-
Document Date: Z `)) `f ��Number of Pages: 5
Signer(s) Other Than Named Above: L I z bt, +/. I-f . L-c.ce , CO -7✓ U Stec
Capacity(W) Claimed by Signer
C M
Signer's Name: Zrfi a e Y Lk rU5 ee
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
*J9 Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: bt,
0 1999 National Notary Association • 9350 Do Soto Ave., P.O. Box 2402 • Chatswodh, CA 913132402 • xww.nalionalnotary org Prod No 5907 Reorder: Call Toll Free 1 800 876 -6827
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
21800
THAT PORTION OF THE SOUTH HALF OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA AND PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTHEAST CORNER OF PARCEL 3 OF PARCEL
MAP NO 19239, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 22, 2003, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 68023'58" EAST A DISTANCE OF 186.04 FEET; THENCE NORTH 83 °37'
09" EAST A DISTANCE OF 8.98 FEET TO A POINT ON THE WESTERLY LINE OF
PROPERTY OWNED PROPERTY BY LIZBETH A, ECKE AND DAVID C. MEYER
COMMUNITY PROPERTY TRUST PER DOCUMENT 1995 - 0096456, FILED MARCH 9,
1995;THENCE ALONG SAID WESTERLY LINE, SOUTH 15002'56" EAST A DISTANCE OF
5.06 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 83037'09" WEST A
DISTANCE OF 9.07 FEET; THENCE SOUTH 68023'58" WEST A DISTANCE OF 185.95
FEET TO A POINT OF THE EASTERLY LINE OF SAID PARCEL 3 OF PARCEL MAP NO.
19239; THENCE ALONG SAID EASTERLY LINE NORTH 14056149" WEST A DISTANCE OF
5.03 FEET TO THE TRUE POINT OF BEGINNING.
THE DESCRIBED AREA CONTAINS 0.02 ACRES OR 975.16 SQUARE FEET MORE OR
LESS.
H -R SD Easement v1 Page 4 of 5
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t4'o. 23000
EXHIBIT "B"
AFRA1M -27
gp3
\
SCALE: 1' =30'
GRAPHIC DEPICTION
DRAINAGE EASEMENT
PW 10ROFTRAA0MRA!F
AMAVA9 TUA,R4W
Aff2i t -10
Md
21801
N83637'09'E
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LEGEND
PRIVATE DRAINAGE EASEMENTFI '�`;;G'.lii;'!!�"�r %';�
PREP E UN E ERV[SIGN OP \
//8 /(_�, / VICINITY MAP
-yrs!_ u "TE -2�LVA NO SCALE
GARY L SKA RCE 23080 EKIPI E:. 12/31/05
DRAW aY: LIFSKA PROJECT SHT. NAME SHT, NC.
DATE: 7 -19 -03 OFFSITE PRVATE DRAINAGE EXHIBIT B" J
Dwc. ND.: SEMENT PLAT TO ACCOMPANY A of
236 -238 ANDREW AVENUE LEGAL DESC,4IPT/ON
APPROVED a+, ENCINITAS, CALIF.
H -R SD Easement v1
Page 5 of 5