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2002-360700 ' ¶oo QUESTED E DOC -0360700 AFTER RECORDING MAIL TO: APR 29, 2002 4:05 PM Attention: City Clerk THE CITY OF ENCINITAS ~FICI~q~ 505 S. Vulcan Avenue ~ DIE~ ~OL~ ~R'S ~FICE Encinitas, CA 92024 ~GO~¥ L ~ITH, OOUN~ ~SR~ER ( ~.~'O SPACE ABOVE THIS ..... ~ ~ NO DOCUMENTARY T/~X DUE - R&? ~922 (~monded) NO FEE - GOVERI~ENT CODE SECTION 6103 Title Order No. Escrow No. Assessor Parcel No. 258-130-72 I ] Ail IX] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, JEAN G. MORENO, as Trustee under the Jean G. Moreno Trust Agreement dated October 19, 1988 HEREBY GRANTS to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, for 1) access and 2) work and/or staging area, for a period beginning the earliest of 1) date of recordation of executed deed, 2) effective date of court of competent jurisdiction's order of possession, or 3) effective date of grant of written right of entry, and ending 35 days after recordation by City or its contractor of a certificate of completion of project or 365 days whichever is earlier, over, under 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 ~n EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has caused this Easement Deed to be executed as of this ~/! day of ~-' ~ .,~ 2002. ThiL is to certify that the lnterest in real property conveyed by this instrument to the City of Encinitas, a municipal corporation, is hereby accepted by the undersigned authorized officer On behalf of the City ot Encinitas, and the grantee hereby consents to Its: / Mo~ento Trust TCE County of c--~2~' ~' On ~_/,c~'/ /"'// ,~)~)~ before me,~,,'/x.]o// personally appeared ,-.7-~F-~zXJ ~--_.~. ,'f~,~ , [] personally known to me - OR ~[~oroved tO me on the basis of satisfactory evidence ' to be the person(s) whose name(s)~are subscribed to the within instrument and ac- knowledged to me that he/~)ney executed _]_~ OFF,C,ALSEAL i the same in hi~their auth~ized RANDAG. MILLJOUR :~ capacity(ies), and lhat by higher, heir y PUBLIC-CALIFORNIA~ · ~NOTAR ~ COMM. NO.~204250 signature(s) on the instrument the person(s), SAN DIEGO COUNTY l__ _~,~_ .. MYCOMM. EXP. JAN,~,2~03 ~ or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official 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 ATI'ACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER ' TITLE OR TYPE OF DOCUMENT Tm.E(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'Ci'ORNEY-IN-FACT NUMBEROF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE 993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT A (LEGAL DESCRIPTION) TEMPORARY CONSTRUCTION EASEMENT PARCEL NO. 255-130-72 BEING THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS F~)LLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 2 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 88°21'52" EAST 17.89 FEET ALONG THE SOUTHERLY LINE OF SAID NORTH 2 ACRES; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 4°51'23" WEST 28.52 FEET; THENCE SOUTH 52°24'42'' EAST 25.74 FEET; SOUTH 1°08'32" WEST 60.53 FEET; THENCE SOUTH 40021'55'' EAST 17.41 FEET; THENCE SOUTH 1°08'32'' WEST 27.95 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 145.00 FEET OF THE LAND DESCRIBED IN THE DEED TO RICHARD CAMPBELL AS RECORDED NOVEMBER 9, 1964, SERIES 5, BOOK 1964 AS FILE NO. 203960 OF OFFICIAL RECORD, SAID 145.00 FEET BEING MEASURED ALONG THE WESTERLY LINE OF SAID LAND TO RICHARD CAMPBELL; THENCE NORTH 88°21'52'' WEST 49.76 FEET TO THE WESTERLY LINE OF SAID LAND CONVEYED TO RICHARD CAMPBELL; THENCE NORTH 1°43'26'' EAST 145.00 FEET ALONG SAID WESTERLY LINE TO THE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 2 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 88o21'52" EAST 4.83 FEET ALONG THE SOUTHERLY LINE OF SAID NORTH 2 ACRES TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1972.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 85°50'45" WEST; THENCE SOUTHERLY 103.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°00'43"; THENCE SOUTH 1°08'32" WEST 41.36 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 145.00 FEET OF THE LAND DESCRIBED IN THE DEED TO RICHARD CAMPBELL AS RECORDED NOVEMBER 9, 1964, SERIES 5, BOOK 1964 AS FILE NO. 203960 OF OFFICIAL RECORD, SAID 145.00 FEET BEING MEASURED ALONG THE WESTERLY LINE OF SAID LAND TO RICHARD CAMPBELL; THENCE NORTH 88°21'52'' WEST 3.58 FEET TO THE WESTERLY LINE OF SAID LAND CONVEYED TO RICHARD CAMPBELL; THENCE NORTH 1°43'26" EAST 145.00 FEET ALONG SAID WESTERLY LINE TO THE POINT OF COMMENCEMENT. CONTAINING AN AREA OF 4,606 SQUARE FEET, MORE OR LESS. October 25. 2001 Pag~ 1 of 2 APN: 258-130-72 R AS URVEY~MNNA~S ANDI EGO\QU AILGARDXDWG~258-130-72 ic~.DOC PREPARED BY ME OR UNDER MY SUPERVISION: ANNA M. B DATE $ ~.~NA EXPIRES: 12/31/01 ~ .Exp. October 25, 2001 Page 2 of 2 APN: 25g-130-72 R:'~ UR VEYXANNAk~ANDI[iGOXQUAILGARDkDWGk258-130.?2tce. DOC