2018-88281 ' DOC# 2018-0088281
IIII I I IIIII III IIII IIII IIIII II II II I III I III IIII IIIII
Recording Requested By: ) Mar 06, 2018 04:59 PM
"ti ) OFFICIAL RECORDS
I Ernest J. Dronenburg, Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
When Recorded Mail to: ) PAGES: 9
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
A� FOR THE BENEFIT OF THE CITY
`f PUBLIC DRAINAGE EASEMENT
Assessor's Parcel No: 258- 42-07 Case#: 06-066 MUP
SCRIPPS HEALTH, 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.
V� "V—
- /- ,--2�1'
ichard R t berger Date
Corporate Execuf ice President
Chief Financial Officer for Scripps Health
Signature of"GRANTOR(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 consents to recordation thereof by its duly authorized officer.
Christopher . Magdosku Date
City Engineer
Development Services Department
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of San Diego J}
On March 1, 2018 before me, Ann Marie Murphy, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Richard K. Rothberger -----------------------------------___________________________
NamejW of Signers}
who proved to me on the basis of satisfactory evidence to be the person(,a''whose name isfare subscribed
to the within instrument and acknowledged to me that he/ei}e�executed the same in his/�""TTCrrn;eii-
authorized capacity(", and that by his/+i�signatureWon the instrument the person(ar, or the entity
upon behalf of which the personK acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
ANN MARIE MURPHY laws of the State of California that the foregoing
Notary Public-California paragraph is true and correct.
Z San Diego County 2163945
= Commission# WITNESS my hand and official seal.
My Comm.Expires Sep 24,2020
Signature
Place Notary Seal and/or Stamp Above Signature of No Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Public Drainage Easement
Document Date: None Number of Pages: One(1)
Signer(s) Other Than Named Above: None
Capacity(iesrCialmed by Signer,(#
Signer's Name: Richard K. Rothberger ner's Name:
io Corporate Officer—Title(s): corporate ExecutiveyPICFO ❑ Co ate Officer—Title(s):
❑ Partner— 11 Limited 11 General ❑ Partner— invited ❑ G
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ t
❑ Trus tee ❑ Guardian of Conservator ❑ Trustee rdian of Conservator
❑ Other: ❑ Other:
Signer is Representing: Scripps Health Signer' epresenting:
02017 National Notary Association
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of ) C I I
On '�-�(� before me,
Date IL Here Insert Name and itle of the Officer
J
personally appeared �n y 1 S\��1 '�1� /" �O�G b s l<_o
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to bet erson(s) whose name(s) is are
scribed to the within instrument and ackno ged to me tha he he/they executed the sa a in
hi /her/their authorized capacity(ies),and that b his/ er/their signature s)on the instrument the person(s),
or the entity upon behalf of which the person(s) ed, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
ANGELA A. SIMON WITNESS my hand and official seal.
COMM.#2162396 rn
N r NOTARY N IC•CAUFORNIA N
SAN DIEGO COUNTY
c. a` My Comm.Exp.MAR.2.2021"" Signature
Sig ture of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended 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:
❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF
SAN DIEGO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PARCEL C:APN 258-241-32 AND 33
ALL THAT PORTION OF LOTS 1, 2 AND 3 OF ENCINITAS HOSPITAL SUBDIVISION ACCORDING TO MAP
THEREOF NO.7709 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 20,
1973; PARCELS 1 AND 2 OF PARCEL MAP NO. 3787 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON MAY 15, 1975; PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 12961 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 21, 1983;PARCEL 1 OF PARCEL
MAP NO. 836 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 25, 1972;
PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER,THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER, ALL IN SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 12961; THENCE ALONG
THE SOUTHERLY LINE OF SAID PARCEL SOUTH 83 039'35" WEST 177.27 FEET; THENCE NORTH 89 030'23"
WEST 208.19 FEET;THENCE SOUTH 01°02'43"WEST 50.00 FEET;THENCE NORTH 89°30'23" WEST 622.27 FEET;
THENCE NORTH 01 001'53"EAST 1329.18 FEET; THENCE NORTH 01°01'23" EAST 850.91 FEET;THENCE SOUTH
88❑56'18" EAST 25.00 FEET; THENCE NORTH 70°46'35" EAST 43.40 FEET; THENCE SOUTH 19°21'52" EAST
674.65 FEET; THENCE SOUTH 29°24'46" EAST 268.69 FEET; THENCE SOUTH 29 024'46" EAST 332.13 FEET;
THENCE SOUTH 27 030'28" EAST 600.26 FEET; THENCE SOUTH 13°30'36" EAST 451.36 FEET TO THE POINT OF
BEGINNING.
Legal Description
Exhibit"C3"
Storm Drain Easement
That Portion of the east half of the southwest quarter of Section 15, Township 13 South,
Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego,
State of California, within strips of land 15 feet wide, the centerline of which is more
particularly described as follows:
Part A:
Beginning at the easterly terminus of the northerly line of Lot 4 of Encinitas Hospital
Subdivision as per Map Number 7709 of Maps filed in the office of the County Recorder
of San Diego County on July 20, 1973; thence North 89° 53' 44" West along the
northerly line of said Lot 4 a distance of 293.70 feet to a point hereinafter designated as
Point"A" and also being the True Point of Beginning of this description; thence
departing said northerly line North 21' 02' 09" West 41.29 feet; thence North 00° 24'
51"East 283.30 feet; thence South 89° 35' 09" East 118.69 feet; thence South 72° 43'
56"East 24.34 feet to the westerly line of the California State Highway Interstate 5 per
L.O. 3737 as shown on M.S. 611.
Part B:
Beginning at said Point"A"being the southerly terminus of said course "North 21' 02'
09" West"; thence southerly along last mentioned course South 21° 02' 09"East 15.38
feet.
The side lines of said strips of land to be shortened or lengthened to terminate on the
northerly line of said Encinitas Hospital Subdivision.
The side lines of Part A to be shortened or lengthened to terminate on the westerly line of
the California State Highway Interstate 5 per.L.O. 3737 as shown on M.S. 611.
End of Description
Containing: 7,244.09 square feet
Subject to: All covenants, rights, rights-of-way, and easements of record.
Exhibit":C": Attached and by this reference made part hereof.
This description has been prepared by me or under the supervision of-
- 13- f7
e-F-ala
s.Ao
Robert S. Rogers, PL 348 9
OF 0
LEGEND:
P.O.B. - POINT OF BEGINNING \ NORTH
T.P.O.B. -TRUE POINT OF BEGINNING \
N89°35'09"W \ NOTES: NOT TO SCALE
118.69 ' 1.THE PURPOSE OF THIS EXHIBIT IS TO COINCIDE WITH
— AND SUPPORT EXHIBIT"A"(LEGAL DESCRIPTION).THE
BEARINGS AND DISTANCES SHOWN ALONG THE 15'STORM
DRAIN EASEMENT,SHOWN HEREON,REPRESENTTHE
CENTERLINE THEREOF.
N;2°43;34 '
(TYP. ) 15' I 56"W -17
�_ 7.5' (TYP. ) I O �DSgq 13
(TYP. ) 7.5' \
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EASEMENT �9A�2�, 'LiF O
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T.P.O.B. . 0 c9=
POINT "A" c9 N89°53'44"W 293 .70'
15 . 32' THE NORTHERLY LINE OF LOT 4 OF ENCINITAS P.O.B.
HOSPITAL SUBDIVISION AS PER MAP NUMBER 7709 \
OF MAPS FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JULY 20, 1973
11 1p
EXHIBIT "C" DATE: 09-12-2017
700 South Flower St.,Suite 2100 STORM DRAIN EASEMENT DRAWN BY: BR
Los Angeles,CA 90017
o:213.418.0201 CHECKED BY: Cl
F: 213.266.5294 SECTION 15/TOWNSHIP 13 SOUTH/RANGE 4 WEST/S.B.M. PROJECT NO. 1600756
www.k�ffcom CITY OF ENCINITAS/COUNTY OF SAN DIEGO/STATE OF CALIFORNIA SHEET: 1 OF 1
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 Grantee 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.