2000-33291" 5930 DOC ,.'uuu uu,_,u,,..., z
.Recor~ng Requested By: ) ~'~FI 21, 2000 ~ = E~:3 Pl~l
)
OFFIBAL RED]RI)
City of Eneinit~ ) ~t DIEGO ~OUNTY RED]RDER'S OFFICE
) GREGORY ,1. ~(ITH, D]UNTY RECORDER
When recorded mall to: ) FEB: 0.00
~ 505 South Vulcan Avenue )
Encinitas, CA 92024 ) 2oo0-00~3201
FOR THE BENEFIT OF THE CITY)
)SPACE ABOVE FOR RECORDER"S USE ONLY
EASEMENT FOR CITY ItIGHWAY
Assessor's Parcel No: 260-281-01 Project No. TPM 98-172
WO No.
John Davis, a single man
hereinafter called GRANTOR, does hereby grant, convey and dedicate to the CITY OF
ENCINITAS, State of California, hereinafter called the GRANTEE, the temporary
easement and incidentals thereto for a public highway, 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 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 roadway 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
· '- 5931
.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.
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.
This temporary easement is to expire upon the acceptance & subsequent recording of a
permanent public right-of-way for highway purposes, along the northerly boundary of
Assessor's Parcel No. 260-081-01, with the County Recorder of San Diego County.
Datedthis [ /~ dayof F) c~ I , 1999
J ~ h single 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 Fire Access,
and consents to recordation thereof by its duly a..uthorized officer.
Da Alan D. Archibald
Director of Engineering Services
City of Encinitas
No. 5907
Stat~ of d"~.A~.i ~
County of ~/'-f Di ~'~ ~
On / 0//~/~ ~ before me, '~h.~.e. ~. ~Cu)~t.son. K,O-[-Pr~V
~)J[TE ' NAME, TITLE OF OFFICER - E,(~., "JANE DOE, I~OTARY PUBLIC"
personally appeared ~'~'-'cb~J'/',/ ,~).'~-
NAME(S) OF SIGNER(S)
[] personally known to me - OR -.~roved to me on the basis of satisfactory evidence
to be the person(e-)--whose name(e)- is/ar-e-
subscribed to the within instrument and ac-
knowledged to me that he/sheP, hey-executed
the same in h~s/he~J ....... authorized
capacity(i, es.), and that by his/her/their
signature(s.) on the instrument the person(s),
or the entity upon behalf of which the
person(.s) acted, executed the instrument.
WIT~~~icial seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
CORPORATE OFFICER '~ ~ '
'roLE(S) I~R TYPE OF C~(~UMEN~
[] PARTNER(S) [] LIMITED
[] GENERAL
[] A'I-FORNEY*IN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DATE OF DOCUMENT
SIGNI~R IS REPRESENTING:
-~ /~--' SIGNER(S) OTHER THAN NAMED ABOVE
O1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park. CA 91309-7184
,. 5933
EXHIBIT "A"
WARWICK AVENUE TEMPORARY SLOPE & ROADWAY 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 westerly along the east/west centerline
of said Section 22, South 89°49'20" West, 18.38 feet (Record: S.89°32'45'' W, Map
1547); thence leaving said line, South 0°10'40" East, 20.00 feet, to a point of intersection
the southerly line of Warwick Avenue, as shown on said Map 1547, also being the TRUE
POINT OF BEGINNING; thence easterly along said southerly line, South 89°49'20"
West, 50.00 feet; thence leaving said southerly line South 0°10'40" East, 20.00 feet, to an
intersection with a line being 40.00 feet southerly and parallel with the above described
east/west centefline; thence easterly along said line, North 89°49'20" East, 49.69 feet, to
the westerly line of Lot 13, Block 104, of Map 1547; thence northerly along said westerly
line, North 0°43'27" East, 20.00 feet, to the TRUE POINT OF BEGINNING.
Total area of easement: 997 square feet.
I~IGINflL OF THIS ~
m I~B REI~RI)EI) I~1 J~ 21, ~
~T N~R ~00~t
Recording Requested By: ) ~RY & ~ITN, ~TY RE~R
) ~ DIEGO ~TY RE~ER'8 ~I~E
City of Enci~t~ ) TI~: 3:53 ~
)
~ recorded mail to: )
City Clerk )
City of Enci~tas )
505 South Vulc~ Avenue )
Encinitas, CA 92024 )
FOR THE BE~FIT OF THE CITY)
)SPACE ~OVE FOR ~CO~ER"S USE O~Y
TEMPO~Y SLOPE & RO~WAY
EASEMENT FOR CITY HIGHWAY
Assessor's P~cel No: 260-281-01 Project No. TPM 98-172
WO No.
John Davis, a single man
hereinafter called GRANTOR, does hereby grant, convey and dedicate to the CITY OF
ENCINITAS, State of California, hereinafter called the GRANTEE, the temporary
easement and incidentals thereto for a public highway, 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 HEKETO, AND MADE A PART HEREOF BY
THIS REFERENCE,
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 roadway 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.
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.
This temporary easement is to expire upon the acceptance & subsequent recording of a
permanent public right-of-way for highway purposes, along the northerly boundary of
Assessor's Parcel No. 260-081-01, with the County Recorder of San Diego County.
Dated this l /~ day of tO c~ I , 1999
JoJ~M54~, ~ single 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 Fire Access,
and consents to recordation thereof by its duly authorized officer.
[/~/~ By:~/~ ~~
Datd t Alan D. Archibald
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL-PURPOS~ACKNOWLEDGMENT
NO. 5907
State of ~.A/--i /~
County of ~-.~/'-[
On /O//r.//q~ before me, '-...~ ~ t,_.~
~)~TE ' NAME, TITLE OF OFFICER - E~., "JANE DOE, I~OTARY PUBLIC"
personally appeared ,,.~'-'OTUr /V ~,.z}_ Y l.,~
NAME(S) OF SIGNER(S)
[] personally known to me - OR -.,~roved to me on the basis of satisfactory evidence
to be the person(e-)-whose name(e-)- is/are-
subscribed to the within instrument and ac-
knowledged to me that he/she/they-executed
the same in his/~e.~4.he~ authorized
capacity(i-es.), and that by his_/J~er/the-i~
i~'~'~!~-''':~ - -.~- -cE[ .~1~.~ -. signature(s)on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
__
OPTIONAL
lhough tho data bolow is not requirod by law, it mag pro¥o Yaluable to persons rol¥ing on the document and could preYent
fraudulen~ reattaehment of this [orm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
/~INDIVIDUAL ~'"~" --
CORPORATE OFFICER
,,,~E~S) TITLE 6~-TYPE OF dddUMEN~ df
[] PARTNER(S) [] LIMITED
[] GENERAL
[] A'rrORNE¥-~N.~ACT NUMBER 0~ PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DATE OF DOCUMENT
SlGNJ~R IS REPRESENTING:
/- //----- SIGNER(S) OTHER THAN NAMED ABOVE
~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remrnet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184
EXHIBIT "A"
WARWICK AVENUE TEMPORARY SLOPE & ROADWAY 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 westerly along the east/west centerline
of said Section 22, South 89049'20" West, 18.38 feet (Record: S.89°32'45'' W, Map
1547); thence leaving said line, South 0°10'40'' East, 20.00 feet, to a point of intersection
the southerly line of Warwick Avenue, as shown on said Map 1547, also being the TRUE
POINT OF BEGINNING; thence easterly along said southerly line, South 89049'20"
West, 50.00 feet; thence leaving said southerly line South 0°10'40'' East, 20.00 feet, to an
intersection with a line being 40.00 feet southerly and parallel with the above described
east/west centerline; thence easterly along said line, North 89049'20" East, 49.69 feet, to
the westerly line of Lot 13, Block 104, of Map 1547; thence northerly along said westerly
line, Noffia 0°43'27" East, 20.00 feet, to the TRUE POINT OF BEGINNING.
Total area of easement: 997 square feet.
--~osSINI DRIVE