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2003-912514 v' 1 • 359x7 DOC - # -2003-0912514 RECORDED REQUEST OF First American Title JILL 30 , 2003 2 : 55 PM SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY OFFICIAL RECORDS CITY OF ENCINITAS AND SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER AFTER. RECORDING MAIL TO.: FEES: 24.00 DC: NA James Ross Gi'llie and Kathleen M. Gi 11 i e llll�lll�L1j111`ll��llll�l`�111�11}111�11111�11«l lll�llllll�l111111 . 519' Quail Gardens Drive 2003-094614 !�• Encinitas, CA 92024 �_ _._.• - ocac SPACE ABOVE THIS LINE FOR RECORDER' S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) &6y NO FEE - GOVERragENT CODE SECTION 6103 Escrow No. 562899DD �s Assessor Parcel No. 257-011-17� [ ] All [X] Portions PRIVATE DRIVEWAY EASEMENT DEED For and in consideration of a valuable consideration, CITY OF ENCINITAS, a municipal corporation HEREBY GRANTS to JAMES ROSS GILLIE and KATHLEEN M. GILLIE, their heirs, successors, or assigns, an exclusive permanent access easement for ingress and egress and landscaping over, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in 'EXHIBIT "A, " and depiction in EXHIBIT "B, " attached hereto and incorporated herein by this reference . Grantee shall be responsible for all liability and maintenance of said easement and any and all improvements thereto. IN WITNESS WHEREOF, the grantor hereto has cause this Easement Deed to be executed as of this 19th day of June 2003. The City f ci itas + By: Its : City Manager Gillie/E-7/Access Easement - 35968 EXHIBIT A (LEGAL DESCRIPTION) EASEMENT FOR INGRESS/EGRESS PURPOSES PARCEL E-7 The Southerly 23.00 feet, measured at right angles to the Southerly line thereof, of the i Easterly 470.00 feet, measured from the Southeasterly corner thereof, of Parcel 2 of Parcel Map No. 5854 in the City of Encinitas, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, April 28, 1977 as file No. 77-159702 of Official Records. Parcel E-7 containing 10,728 square feet, more or less. As shown on Exhibit"B" attached hereto and by this reference made a part hereof. �O ,AND SUR Q 1J BRIAN K. MICKELSON, L.S. No. 7320 Exp. 06/30/05 LICENSE EXPIRES: JUNE 30, 2005 s� No. 7320 \P �TFOF c p41Fp� i 1 _ 35y69 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) EASEMENT FOR INGRESS/EGRESS PURPOSES ;r LEUCAOM ccl) LUg a S z N 88°53'27"W 294.69' M z M ' w ZO o :am M �+ 7�c C GO r , S G iaE .�� NIT,s SL Vv 1 VICINITYMAP NO SCALE of S. 1860 1 ? �o Ln X1. . 0 t�� �A.RC I 2 = SOUTHERLY LINE o OF PARCEL 2 OF P.M.5854 PARCEL E-7 N 88°3226"W 806.11' 470.00` tL1 PAR r E I lref ttl PARCEL 0 c SURL I ?5 MlcKF F� Exp.06130/05 s� No.7320 �s BRIAN K. MICKELSON, L.S.#7320 qT op MY LICENSE EXPIRES JUNE 30,2005 �5y� 0 RESOLUTION NO.2003-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING EASEMENT FOR INGRESS/EGRESS PURPOSES OF APPROXIMATELY I0,727 SQUARE FEET OF REAL PROPERTY LOCATED CONTIGUOUS TO 519 QUAIL GARDENS DRIVE IN THE CITY OF ENCINITAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT DEED ON BEHALF OF THE CITY WHEREAS,the City Council of the City of Encinitas("City")took the actions necessary to acquire an interest in portions of the real property located at or near 519 Quail Gardens Drive, and more particularly described as portions of Assessor Parcel Number 257-011-10 in the City of Encinitas, for Quail Garden Drive Extension Project purposes(`Project"); and WHEREAS,it is reasonably necessary and appropriate to provide replacement access to the public road to owners thatwill be cut off from access to the public road; and WHEREAS, is reasonably necessary and appropriate for the City to convey a private driveway easement containing 10,728 square feet, more or less,for ingress/egress purposes across a portion of the contiguous City owned parcel described as Assessor Parcel Number 257-011-17. NOW,THEREFORE,BE IT RESOLVED that the City does hereby declare,determine and order as follows: 1. That the above recitations are true and correct. 2. That a Private Drive Easement Deed has been prepared for the City to grant to James Ross Gillie and Kathleen M. Gillie, an exclusive permanent access easement for ingress and egress and landscaping over, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California described in Exhibit A and depicted in Exhibit B to said deed, which is attached hereto and incorporated herein by this reference. 3. That City Manager, Kerry L. Miller, is hereby authorized to execute the Quitclaim Deed as sole signatory on behalf of the City. 4. That the City cause said Private Drive Easement Deed be executed and thereafter recorded in the Office of the Recorder of San Diego County. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Encinitas held on 18 day of June, 2003,by the following roll call vote: I I . 359'71 AYES: Bond, Dalager, Houlihan, Stocks. NOES: None. ABSENT: Guerin. CjJeme Stocks,Mayor ATTEST: Deborah Cervone, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF ENCINITAS • } I, Deborah Cervone, City Clerk of the City of Encinitas, California, do hereby certify that the foregoing Resolution No.2003-35 was duly passed, approved,and adopted by the City Council at a regular meeting of the Encinitas City Council held on the 18 day of June, 2003. Executed this 19 day of June,2003. 10' — I -Ce eborah Cervone, City Clerk i i I i � 35972 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT LEDGMENT State of C� l �l Q1� OIL 4 I. County of a _1� \P�� I, •I r On L before me, �C I Data Name ano Me of Officer(e.p.,'Jmib D ,Notary Put)Uc7 I I' personally appeared I-r U 1 Name(a)of Signer(s) (' personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the personjs�, l whose name l f,- W is/are subscribed to the within instrument r, and acknowledged to me that hefshetlkheY executed the same in hisA%K4heir authorized capacity(aes),and that by ' hisA4eM4ieir signaturetsjron the instrument the person(ss3 ' DEBORAH CERV0NE� y upon behalf of which the person(,s�acted, 1 (;. r or the entit u o I; 0 corms*13323U executed the instrument. NOTARY PUBLIC-CALIFORNIA4 I' SAN DIEGO COUNTY 0 COMM.EXP.NOV.29,2005*A WITNESS my hand and official seal. JQ�. jk PIP A I r• Slgnature No b E I 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. I• Description of Attached Document Title or Type of Document:RL V Q e- Document •� Date: Q Number of Pages: _ Signer(s)Other Than Named Above: ;I Capacity(ies) Claimed by Signer(s) I• Signer's Name: Signer's Name: I ❑ Individual ❑ Individual ❑ Corporate Officer '❑ Corporate Officer I I' Title(s): Title(s): ) ' ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ( ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here I I; ❑ Other: Top of thumb here f, � •I Signer Is Representing: Signer Is Representing: •� I O 1995 National Notary Association•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder;Call TaI4Free 1.800.9768827 1