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2002-76446R¢cording Requested By: ) DDC 002-0076446 ) Cityofgncinitas ) J~N 29 .-. 2002 4: .~4 ) When Recorded Mail to: ) OFFICIAL [~EgORDO SM I)IEG0 COU~TY RECORDER'O OFFICE City Clerk ) GREGORY 3. S~IITH, CDUI~TY RECORDER City of Encinitas ) FEES: 0.00 505 South Vulcan Avenue ) 0C: HA Encinitas, CA 92024 ) ) FOR THE BENEFIT OF THE CITY ) )SPACE ABOVE FOR RECOP, DER'S USE ONLY 3-)~ EASEMENT FOR PUBLIC ACCESS AND PUBLIC UTILITIES Assessor's Parcel No. Project No.: 7294-I 261-031-26 W.O. No.: PC 00-295 CHARLES W. LEFFINGWELL and JOHANNAH LEFF1NGWELL, as Trustees, in trust, U/D/T, dated January 9, 1992 F/B/O the LEFFINGWELL FAMILY TRUST, hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public access, and public utilities 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" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby further grants to the Grantee all trees, growths, (growing or that may hereafter grow), and road building materials within said easement, 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 easement. grant.easement 00-295 jlr i Dated this ~4- rt~ day of--~r~,oo~,~2002. ~:~'s-Signa~e: ~ER's Silage: ~ O Print Omer's Nme: Print O~er's N~e: 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: Leroy Bodas Director of Engineering Services City of Encinitas grant.easement 00-295 jlr 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of '---~//~/ ~ ~ ss. On(~:'~. ~,~ before m~,~'~)~ pemonally appeared ~/~'-~.-~ [] personally known to me ~-~roved to me on the basis of satisfactory evidence OFFICIAL SEAL ~ RANDA G. MILLJOUR ~! to be the person(s) whose name(s)(~re ~i~_r'~]NO~_R.y.PUBLtC. CALiFORNiA~ subscribed to the wi~instrument and ~1 L,'UMM. NO. 12042,50 ~ ~ MySAN DIEGO COUNTY · acknowledged to m/~,~he/they executed COMM. EXP. JAN. ~, 2~03 the same in "-q:~e/her/their~horized ~- ....................... J capacity(les), and that b hy(,~.~er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Notary Association * 9350 Oe Sore Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod NO 5907 Reorder: Call Toll- Free 1-800~876-~827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On(~)~/'). ~'~3 ~:),(~c:~ before me~,,/~tp~,q // Date / Name and 3~tle of Officer (e.g,, "Jane Doe, Notary Put31ic") personally appeared ,...~--O/-//~/t~/L) ~ Name(s) el Signer(s) ~ personally known to me ~roved to me on the basis of satisfactory evidence ~~~ to be the person(s) whose name(s)~are subscribed to the within instrument and ~ ~."'~';*j:~III~INOTARY PUB~IC-CALiFORNIA~ acknowledged to me that~h~ca~ey executed r~ ~/ COMM. NO. 12042,50 ~' the same in hi e,~____~.their auttu~rized ~1 ~"~,~?~'./ SAN DIEGO COUNTY S ~ MY~,Oi~4~&EXP, JA~ capacity(les), and that by hi~eir .......... ---,,~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ptace Notary Seal At~ve ~[~J~natum of Notary I~blic 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: 997 National Notary Association · 9350 De Soto Ave., PO. Box 2402 · Chats~',~rt~h CA 91313-2402 Prod. NO. 5907 Reorder; Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 21, IN BLOCK 63 OF CARDIFF VILLA TRACT ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT, SAID POiNT ALSO BEiNG AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT-OF- WAY OF NEWCASTLE AVENUE AND THE SOUTHEASTERLY RIGHT-OF-WAY OF LIVERPOOL DRIVE; THENCE SOUTH 30034' EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY, 11.20 FEET; THENCE LEAViNG SAID RIGHT-OF-WAY NORTH 40036'30', WEST, 1.31 FEET THE BEGINNiNG OF A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS OF 12.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 49°23'30" EAST, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79057'30TM AN ARC LENGTH OF 16.75 FEET TO A POINT OF CUSP WITH SAID SOUTHEASTERLY RIGHT-OF-WAY OF SAID LIVERPOOL DRIVE; THENCE NORTH 59026, EAST ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, 12.05 FEET TO SAID POINT-OF-BEGINNING. S :\S nipes\CA 100XqLegal s\Leffingwell.doc