2002-208537 Recordin Reque,tedB:,,: ) DOC :11: 002-0208557
)
CityofEncinitas ) MAR 12, 2002 4: 08 PM
)
When Recorded Mail to: ) OFFICIAL
City Clerk ) SAlt I)IE~ BOUNTY REBORDER'B OFFICE
City of Encinitas ) SEb'0R¥ J. SItlIH, BOBITY
FEES: 0.00
505 South Vulcan Avenue ) [~C: NA
Encinitas, CA 92024 )
)
P~ FOR THE BENEFIT OF THE CITY )
~z~ )SPACE ABOVE FOR RECORDER'S USE ONLY
NF
0 C.4'4 ~ ~' ''~'~3'' EASEMENT FOR CITY HIGHWAY
/ IX:XAtMF..NTARY TRANSFER TAX
Assessor's Parcel No. 264-]60-53,54,56 Project No.: O0-Ogg TPM
W.O.
PHILLIP WAYNE HODGES AND AMBER PERSIA HODGES, AS CO-TRUSTEES OF THE
HODGES FAMILY REVOCABLE TRUST U/T/A APRIL 18, 1997
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas,
State of California, hereinafter called GRANTEE, the right of way and incidents 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" and "B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to
extend drainage structures and excavation and embankmem slopes beyond the limits of the herein
described right-of-way where required for the construction and maintenance of said CITY highway.
Reserving unto the GRANTOR of the above described parcel of land, his successors or assigns, the
right to eliminate such slopes and/or 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 drainage facility, provided such substitution is first approved in writing
by the City Engineer.
grant.hwy 4-16-1999jlr i
The Grantor hereby further g to the Grantee all trees, growths, (gro~ng or that may hereafter
grow), and road building materials within said right-of-way, including the right to take water,
together with the right to use the same in such a 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 right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
Dated this ~.~/~ AJ day of ~ ~-~,2002
OWNER s Signature: O~NER's Signature:
Print Owner's Name: Print Owner's Name:
Signature of Owners to be notarized.
Attach the appropriate acknowledgments -
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.
Dated:
By:
Leroy Bodas
Director of Engineering Services
City of Encinitas
grant.hwy 4-16-1999 jlr 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~ ~.~ ) ss.
On ~, before me,
Date Name and Title of O~cer (eg., "Jane Doe, Nota~ Public')
personally appeared ~h; ~I¢
Name(s) of Signer(s)
~ personally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the person~ whose name~
subscribed to the within instrume'~t and
acknowledged to me~a~/t~ executed
~th~ir
~uthori~ed
~ Commi.lon~]~4~ r capacity(i~), and that by ~h~r/th~r
~ Nolo~ Pu~lc- Collf~lo ~ signature(~ on the instrument the person(~, or
) ~ San D~o Coun~
acted, executed the instrument.
],_~ ~_~~[ the entity upon behalf of which the person~
WITN~S m~hand and official seal,
OPTIONAL
Though the information be/ow is not required by law, it may prove valuable to persons relying on the document
and could p~vent fraudulent removal and reattachment of this fo~ to another document.
Description of A~ached ~cument
Ooc~mont ~ate: Ol I ~ I ~o~ ~umbor of
Signor(s) Othor lhan ~amod
Capaeit~{i~,} Claimed b~ 8ifln~r
Si~nor's ~amo:
~ Individua~
~ Corporate Officer~Ue(s): Top of thumb here
~ Pa~ner ~ ~ Limited ~ General
~ Attorney in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
oPersonally known to me
ved to me on the basis of satisfactow
evidence
to be the person(s) whose name(s) is/are
~--~--- -- --. subscribed to the within instrument and
~~B acknowledged to me that he/she/they executed
~ C~m~ t2I~ ~ the same in his/her/their authorized
capacity(ies), and that by his/her/their
~~-~~~°m~~'~ signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WlTN~S my hand and official seal.
OPTIO~A~
Description of Attached Document
Document Date: ~ ~ ~ Number of Pages: ~ ~l~l~
Signer(s) Other Than Named Above:
Capacity(les) Claimed by ~igner
ividual
Top of thumb here
~ Corporate Officer-- Title(s):
~ Padner-- ~ Limited ~ General
~ Aborney in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing:
SDE 4612
DECEMBER 5, 2001
EXHIBIT "A"
LEGAL DESCRIPTION
DEDICATION OF PUBLIC ROADWAY
A STRIP OF LAND, 60.00 FEET IN WIDTH, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN THAT LAND DESCRIBED
IN DEED TO PHILLIP HODGES AND AMBER PERSIA HODGES, TRUSTEES OF THE
HODGES FAMILY TRUST DATED APRIL 18, 1997, RECORDED JUNE 23, 2000 AS
FILE NO. 2000-0342302, BEING PORTIONS OF LOT 18 OF THE SUBDIVISION OF
THE RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,
1898 AND OF THE SOUTHERLY HALF OF 14TM STREET ADJOINING LOT 88 ON
THE NORTH, OF THE COLONY OF OLIVENHAIN, ACCORDING TO MAP THEREOF
NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 8, 1885, THE CENTERLINE OF SAID STRIP OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY TERMINUS OF THAT 7000.00 FOOT RADIUS
CURVE ON THE CENTERLINE OF LONE JACK ROAD (FORMERLY CAMINO DEL
RANCHO) SHOWN ON COUNTY OF SAN DIEGO TRACT 3494-1 ACCORDING TO
MAP THEREOF NO. 9051, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 13,1978; THENCE ALONG THE SAID
CENTERLINE SOUTH 83°49'43'' WEST, 350.43 (RECORD SOUTH 83°50'00'' WEST,
350.00 FEET) TO THE NORTHEASTERLY LINE OF SAID HODGES' LAND, BEING A
POINT ON THE CENTERLINE OF SAID 14TM STREET; THENCE CONTINUING
ALONG THE SOUTHWESTERLY PROLONGATION OF SAID CENTERLINE SOUTH
83°49'43'' WEST, 299.57 FEET TO AN ANGLE POINT THEREIN AS SHOWN ON
PARCEL MAP NO. 17006 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 25, 1992.
SAID STRIP OF LAND TO TERMINATE NORTHEASTERLY ON THE NORTHERLY
BOUNDARY OF SAID HODGES' LAND AND SOUTHWESTERLY ON THE
SOUTHERLY BOUNDARY OF SAID HODGES LAND.
U:\1data\surveys\4612surv\LEGALS\4612 dedication legal description.doc
'' ' I~ EXHIBIT "B"
OFFER OF DEDICATION
OF PUBLIC ROADWAY
TPM 00-088
SCALE: 1" = 100'
0 100 200
~-~_.~.~, I~ scA,E ,N FEET
'-WN~~ __.~/7 ~ LONE JACK RO~
/Yl~d~ *~ 30'~ I · PER M~ 9051 ~ ~ ~
/ -- ~ ~ 680 (LONE JACK /
ROAD) PER Pa 17006 /
LOT ~8 /
8AN DIEGUITO ENGINEERINO, lNG.
4407 M~CHE~ER, SUITE 105
ENCINIT~, CA g2024
PHONE: (760) 755-5525
CIVIL ENGINEERING * PLANN~G
LAND SURVEYING
U: 1DATA/SU RVEY/461 2SURV/DWG/461 2P ~T2.BWG DATE: ~ 2/o5/o~ SDE46~2