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2000-33290· .. s 2s DOC 2000-0033290 R6cording Requested By: ) .J~tl 21, 2000 3: 53 ?lq ) 0Frigid_ R[00R~ City of Encinit~ ) ~ ~I~ C~TY ~R'8 ~ICE ~en recorded mail to: ) ) ~: NA (~: ~~ Ci~ofEncinitas ) 505 South Vulc~ Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY~ TEMPO~Y EASEMENT FOR PUBLIC ACCESS Assessor's P~cel No: 260-281-02 Project No. TPM 98-172 WO No. 5359-1 John Davis, a single man hereinafter called GRANTOR, does hereby grant, convey and dedicate to the CITY OF ENC1NITAS, of the State of Caiifomia, hereinafter called the GRANTEE, the temporary easement and incidentals thereto for a public access easement, upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS A&B, ATTACHED HERETO, AND MADE A PART HEREOF BY THIS REFERENCE, The grantor hereby further grants to the grantee, all temporary public vehicular access rights, & the temporary right to remove any & all obstacles within the herein described easement. The grantor further agrees that the herein described area will be flee of all residential parked vehicles and to remain free of all obstacles, during the time said easement is in effect. The grantor hereby further grants to the City of Encinitas, the privilege and right to temporarily extend drainage structures and excavation and embankment slopes beyond the limits of the herein described easement where required for the construction and maintenance of said temporary public access easement. Reserving unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such temporary slopes and/or temporary drainage structures or portions thereof, when in the written opinion of the City Engineer of grantee, the necessity therefore is removed by 5926 substituting other protection, support and/or temporary drainage facility, provided such substitution is first approved by the City Engineer. The grantor hereby further grants to grantee all trees, growths (growing or that may hereafter grow), and road building materials within said temporary easement, including the right to take water, together with the fight to use same in such manner and at such locations as said grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway, during the time said easement is in effect. The grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to grantor's remaining property contiguous to the temporary easement, hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Said temporary easement is to remain in effect, only until that date Warwick Avenue has been constructed and accepted by the City of Encinitas, as shown on City of Encinitas street improvement plans for Tentative Map 89-229 as City Drawing No. 5293-1. At that time, said temporary easement is to expire, with all restrictions & incidentals to be deleted from the current title ownership, or the successors & assigns. Dated th? ~//~x dayof ~)~? ~ ~'~v ~ ~'- ,1999 D/a%'ivis, a sfngle man Signatures of owners to be notorizefl. Attach the appropriate acknowledgements. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council, adopted on November 9, 1994, that the City of Encinitas consents to the making of the foregoing Temporary Easement for Public Access, and consents to recordation thereof by its duly authorized officer. Date Alan D Archibald Director of Engineering Services City of Encinitas ".. CAL.IFORNIA ALL-PURPOS~CKNOWLEDGMENT State o~' County of ~.~,~ On D~c~,~,.~-- ~1 (~I~ before me, ~'"'(-~,',- ,~ ~ ,~,~,,,~.~n. No~'/r/~v ,~'c , DATE I NAME, TITLE OF OFFICER - E.G.,~'JANE DOE, NOTAblY PUBLIC" personally appeared __-7-~pt/~ J3p~ ~,/i5 , NAME(S) OF SIGNER(S) ~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s) is/a~-e- subscribed to the within instrument and ac- knowledged to me that he/ch~/thcy executed the same in his/&~r/thclr authorized  capacity(+es), and that by his/flef~fm~- signature(e) on the instrument the person(s,), ~1~:~2' son~,eo~_. [ or the entity upon behalf of which the ~ person(s-) acted, executed the instrument. WITNESS my hand and official seal. O~TIONA/ Though tho data bolow is not roquimd by law, it may provo Yaluabls to psmons mlging on th~ document and could prevent ~mudulsnt matlachmont o~ this [orm. U CORPORATE OFFICER TITLE(S) ~ TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'I=rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR DATE dF D&C[JMENT SIGNER IS REPRESENTING: - ff,,/,~ SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT "A" TEMPORARY PUBLIC ACCESS EASEMENT PLAN #5359-I All that portion of Section 22, Township 13 South, Range 4 West, San Bemardino Meridian, all being within the City of Encinitas, County of San Diego, State of California, being more particularly described as follows: Beginning at the center of said Section 22; thence easterly along the east/west centerline of said Section 22, North 89o58'04'' East, 26.45 feet (Record: N.89°32'45'' E, Map 1547); thence leaving said line, South 0°01 '56" East, 25.00 feet, to a point of intersection with a line being 25.00 feet southerly and parallel with said east/west centerline, being the TRUE POINT OF BEGINNING; thence South 0°44'54" West, 30.00 feet. Total area of dedication: 480 square feet. T~IGI~qL OF IttlS II0Cl.~iT I/~ REC[~I)[I) 0~ J~ 21, ~ ~T N~R ~-00~0 Recording Requested By: ) GLORY J. ~ITH, ~Y ~ ) ~ BIEGO ~T¥ REC~R'S ~F!CE City of Encinitas ) TI~: ~:~ F~ ) ~en recorded mail to: ) ) City Clerk ) City of Encinitas ) 505 South Vulc~ Avenue ) Encinitas, CA 92024 ) ) FOR THE BE~FIT OF T~ CITY) )SPACE ~OVE FOR ~CO~ER'S USE ONLY TEMPO~Y EASEMENT FOR PUBLIC ACCESS Assessor's P~cel No: 260-281-02 Project No. TPM 98-172 WO No. 5359-1 John Davis, a single man hereinafter called GRANTOR, does hereby grant, convey and dedicate to the CITY OF ENCINITAS, of the State of California, hereinafter called the GRANTEE, the temporary easement and incidentals thereto for a public access easement, upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS A&B, ATTACHED HERETO, AND MADE A PART HEREOF BY THIS REFERENCE, The grantor hereby further grants to the grantee, all temporary public vehicular access rights, & the temporary right to remove any & all obstacles within the herein described easement. The grantor further agrees that the herein described area will be free of all residential parked vehicles and to remain free of all obstacles, during the time said easement is in effect. The grantor hereby further grants to the City of Encinitas, the privilege and right to temporarily extend drainage structures and excavation and embankment slopes beyond the limits of the herein described easement where required for the construction and maintenance of said temporary public access easement. Reserving unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such temporary slopes and/or temporary drainage structures or portions thereof, when in the written opinion of the City Engineer of grantee, the necessity therefore is removed by substituting other protection, support and/or temporary drainage facility, provided such substitution is first approved by the City Engineer. The grantor hereby further grants to grantee all trees, growths (growing or that may hereafter grow), and road building materials within said temporary easement, including the right to take water, together with the right to use same in such manner and at such locations as said grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway, during the time said easement is in effect. The grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to grantor's remaining property contiguous to the temporary easement, hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Said temporary easement is to remain in effect, only until that date Warwick Avenue has been constructed and accepted by the City of Encinitas, as shown on City of Encinitas street improvement plans for Tentative Map 89-229 as City Drawing No. 5293-1. At that time, said temporary easement is to expire, with all restrictions & incidentals to be deleted from the current title ownership, or the successors & assigns. Dated th~ q/-~ dayof 5~o e' -e-~v ~/~''' ,1999 1~ Dials, a si~ngle man Signatures of owners to be notorized. Attach the appropriate acknowledgements. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council, adopted on November 9, 1994, that the City of Encinitas consents to the making of the foregoing Temporary Easement for Public Access, and consents to recordation thereof by its duly authorized officer. Date Alan D. Archibald Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPO~CKNOWLEDGMENT .o, ~ State of County of ~.,~r/v On ,0~c~,~,~Tz--~/. (flct~ before me, ~,,;-~ ~ .~'~,~L~n. ~o~-A-,e/ /~--~c , personally appeared _?-D~ .D~r Vi-5 , ~. personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s) subscribed to the within instrument and ac- knowledged to me that he/she/thcy executed the same in his/her/their authorized i--~=~.----j~.~,::~'S~VEN~--~i capacity(~s), and that by ~ comrn~#~l~Z~3 _ signature(s) on the instrument the person(~), I\~..~1~ son~oc.,x,~v~ _ ~ or the entity upon behalf of which the ~ ~v~co~rn.~ga,~.u~ person(e-) acted, exec~ed the instrument. WITNESS my hand and official seal. J ~ $~GN~TURE OF N~)TARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachrnent of this form. CAPACITY CLAIMED BY SIGNER DE$CR~C._~_IETION OF ATI',~CHED D0ClJMENT [2 CORPO~TE OPRCER T,TLE(S) ~ TITLe: ~)~TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] AT~ORNEYqN-PACT NUMBER OF PAGES [] TRUSTEE(SI [] GUARDiAN/CONSERVATOR [~ OTHER: DATE dP O~CUMENT SIGNER IS REPRESENTING: - ~ SIGNER(S) OTHER THAN NAMED ABOVE ¢31993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave,, P.O. Box 7184 * Canoga Park, CA 91309-7184 EXHIBIT dA" TEMPORARY PUBLIC ACCESS EASEMENT PLAN #5359-I All that portion of Section 22, Township 13 South, Range 4 West, San Bemardino Meridian, all being within the City of Encinitas, County of San Diego, State of Califomia, being more particularly described as follows: Beginning at the center of said Section 22; thence easterly along the east/west centerline of said Section 22, North 89o58'04" East, 26.45 feet (Record: N.89°32'45'' E, Map 1547); thence leaving said line, South 0°01 '56" East, 25.00 feet, to a point of intersection with a line being 25.00 feet southerly and parallel with said east/west centerline, being the TRUE POINT OF BEGINNING; thence South 0044'54" West, 30.00 feet. Total area of dedication: 480 square feet.