2003-1461929
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DOC # 2003-1461929
RECORDH G REQUESTED BY AND DEC J..O. 2b03 3:02 PM
AFTER RE CORDING MAIL TO: OFFICIAL RECORDS
~ SAN DIEGO COUNTY í:ECORDER'S OFFICE
Attention: City lerk GREGORY J. SMITH, COUNTY RECORDER
~" THE CITY Of ENCINITAS FEES: 0,00
n(\,rr 505 S" Vulcan Avenue DC: NA
'~;.~j) rj Encinitas, CA 2024
,".(/
1'-1, SPACE ABOVE THIS LINE FOR RECORDER'S USE
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'"',' co:),", NO DOCUMENTARY TAX DUE - R&T 11922 (amended)
"..' NO FEE - GOVERNMENT CODE SECTION 6103
...
Title Order Nc . Escrow No.
Assessor Parc I No. 258"130-77 [ j All
[Xj Portions
TEMPORARY CONSTRUCTION EASEMENT
For and in con ideration of a valuable consideration,
SHOW LIAN } TSU and MARJORIE TSU, husband and wife as to an undivided 45% interest,
DANIEL TSl , a single man as to an undivided 35% interest and NOLA TSU, a single woman, as
to an undivide 20% interest, as to an undivided II. interest; ALFONSA P AZIURA, a widow, as to
an undivided 18th interest; WILSON J. RABBAN and PATRICIA POST RABBAN, Trustees of
the Rabban Fa nily Trust dated August 21,1985 as to an undivided l!8th interest; GREGORY W,
LASER and I< MBEREL Y G. LASER, husband and wife, as joint tenants, as to an undivided 1/8th
interest; and E )WIN L. LASER and VALERIE E. LASER, Trustees, The Laser Family Trust dated
May 16, 1998 as to an undivided l!8th interest
HEREBY GR ANT to the CITY OF ENCINIT AS, a municipal corporation, in the County of San
Diego, State 0 California, its successors or assigns, for 1) access and 2) work and/or staging area,
for a period b ginning the earliest of 1) date of recordation of executed deed, 2) effective date of
court of comp tent jurisdiction's order of possession, or 3) effective date of grant of written right of
entry, and end ng 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 ncinitas, County of San Diego, State of California, described as follows:
See legal description in EXHIBIT "A," and depiction in EXHIBIT
"B," attached hereto and incorporated herein by this reference.
INW TNESS WHEREOF, the grantors hereto have caused this Temporary Construction
Easement De d to be executed as ofthis.....L..:i::... day of tZu.¿/M:~ ,2003.
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Signatures co tinue:
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ACCEPTANCE
This is to ceI1 ifY that the interest in real property conveyed by this instrument to the City of
I Encinitas, a rn unicipal corporation, is hereby accepted by the undersigned authorized officer on
I behalf of the ( ity of Encinitas, and the grantee hereby consents to recordation thereof by its duly
authorized offi cer. (r:t
Dated '" /. '."h,," By ex; //;{-
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EXHIBIT A (LEGAL DESCRIPTION)
, " -" -"" TEMPORARY CONSTRUCTION EASEMENT:
- ."' PARCELNO,258-13Q-77 ,. - - -
BEING THA PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHEAS QUARTER OF SECTION 15, TOWNSHIP 13 SOUTIi, RANGE 4 WEST, SAN
BERNARDIN BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STA OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEy, AP ROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENC G AT THE CENTERLINE INTERSECTION OF ENCINITAS BOULEVARD
AND THE' -A LINE" AS SHOWN ON RECORD OF SURVEy NO, 12683 AS FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY Ç)F SAN DIEGO:
THENCE SO 53°47'27" WEST 114,77 FEET ALONG SAID CE.NTERLINE OF
ENCINlTAS OUlEVARD TO THE BEGINN1NG OF A TANGENT CURVE CONCAVE
NORTHWES Y HAVING A RADIUS OF 800.00 FEET; THENCE LEAVING SAID
NORTH 36°12'33" WEST 51.00 FEET TO THE NORTHWESTERLY LINE :
OF ENCINIT S BOULEVARD; THENCE PARALLEL wrrn SAID CENTERLINE NORTH "
53°47'27" T 15.81 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE
CONTJNUIN ALONG SAID pARALLEL LINE NORTH 53°47'27" EAST 7.00 FEET TO
- THE BEG G OF A TANGENT CURVE CONCAVE WESTERLy AND HAVING A
. RADIUS 0 50.00 FEET; THENCE NORTHEASTERLY, NORTHERLY AND
NORTHWES Y 77.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
_OF 89°14'3" TO THE BEGINN1NG OF REVERSE CURVE CONCAVE
NORTHEA Y HAVING A RADIUS OF 392.00 FEET; A RADIAL LINE THROUGH
SAID BEG G OF REVERSE CURVE BEARS SOUTIi 54"32'48" WEST; THENCE
NORTHWES Y 23.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 3"27'35"; CE SOUTH 77°42'26" WEST 29.53 FEET; THENCE SOUTH 26°57'05"
EAST 23.58 ; THENCE SOUTH 75°22' 11" EAST 37.46 TO THE BEGINN1NG OF A
NON-TANG CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 56.00
FEET; A IAL LINE THROUGH SAID POINT BEARS NORTH 78°27'11" EAST;
THENCE SO RLY AND -.sOUTHEASTERLY 63"86 FEET ALONG SAID CURVE
THROUGH CENTRAL ANGLE OF 65°20'16 TO THE TRUE POINT OF
COMMEN
EXCEPTING OM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCIN AT THE CENTERLINE INTERSECTION OF ENCINITAS BOULEVARD
AND THE "W- LINE" AS SHOWN ON RECORD OF SURVEY NO. 12683 AS FILED IN
THE OFFICE F THE .COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO;
-THENCE- SO 53°47'27" WEST 114"77 FEET ALONG SAID CENTERLINE OF
ENCINITAS B UlEVARD TO THE BEGINN1NG OF A TANGENT CuRVE CONCAVE
NORTIiWES RL Y HAVING A RADIUS OF 800.00 FEET; THENCE LEAVING SAID
REVISED 11/21101
l'I..lof3
Am: 151-13G-77
R:\SUR VEYVINNAIS DŒGOIQU AlLGARDIDWG\2SI" 13(1. 77RTŒ.DOC
C NORTH 36°12'33" WEST 51.00 FEET TO THE NORTHWESTERLY LINE
OF EN CINlT S BOULEVARD; THENCE PARAlLEL WITH S AID CENTERLINE NORTH
53°47'27" ST 15.81 FEEI. TO THE TRUE POINT OF COMMENCEMENT; TIŒNCE
CO NTJNUIN ALONG-5AIÐ LINE NORTH 53~47'27" EAST 7.00 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HA V1NG A RADIUS
OF 50.00 ; TIIENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY
77,88 FEET ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°14'39" TO
THE BEG G OF REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 92.00 FEET; A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE
CURVE B S SOUTH 54°32'48" WEST; THENCE NORTHWESTERLY 13.70 FEET
ALONG S CURVE THROUGH A CENTRAL ANGLE OF 2°00'08" TO A POINT OF
CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 507.00 FEET, A RADIAL LINE THROUGH SAID PO1NT BEARS SOUTH
62°06'37" T; THE.~CE'SOUTHEASTERLY 13.75 FEET ALONG SAID CURVE
THROUGH CENTRAL ANGLE OF 1°33'14" TO THE BEGINNING OF A REVERSE
CURVE CO AVE WESTERLY AND HAV1NG A RADIUS OF 56.00 FEET; A RADIAL
LINE THRO GH SAID POINT OF REVERSE CURVE BEARS NORTH 60°33'24" EAST;
THENCE S urnEASTERLY, SOUTHERLY, AND SOUTHWESTERLY 81.35 FEET
ALONG S CURVE THROUGH A CENTRAL ANGLE OF 83°14'04" TO THE TRUE
POINT OF C M1vŒNCEMENT,
""
AN AREA OF 965 SQUARE FEET, MORE OR LESS,
-
COMMEN G AT THE CENTERLINE INTERSECTION OF ENCINlTAS BOULEVARD
AND THE' -A LINE" AS SHOWN ON RECORD OF SURVEY NO. 12683 A$ FJLED IN
-THE OFFICE OF THE coUNTY RECORDER OF SAID COwrY OF SAN DIEGO;
THENCE SO 53°47'27" WEST 114,77 FEET ALONG SAID, CENTERLINE OF
ENCINIT AS OULEVARD TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWES Y HAVING A RADIUS OF 800.00 FEET: THENCE LEA V1NG SAID
C NORTH 36°12'33" WEST 51.00 FEET TO THE NORTHWESTERLY LINE
OF ENCINIT S BOULEVARD; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE N RTIiWESTERLY AND HAVING A RADIUS OF 749"00 FEET; A RADIAL
LINE THRO GH SAID POINT BEARS SOUTH 36° 12'33" EAST; THENCE
S 0 urHWES Y ALONG S""AID CURVE AND NORTHWESTERLY LINE 34.01 FEET
THROUGH A CENTRAL ANGLE OF 2°36'06" TO THE TRUE POINT OF BEGINNING;
A RADIAL THROUGH SAID TRUE POINT OF BEGINNING BEARS SOUTH
33°36'27" EA T; TIIENCE coNTINUING SOurnwESTERLY ALONG SAID CURVE
AND NOR TERLY LINE 26.03 FEET THROUGH A CENTRAL ANGLE OF
1°59'27"; TO CUSP OF A CURVE CONCA VE EASTERLY AND HA V1NG A RADIUS
OF 241.00 ; A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS SOUTH
61 °20'47' T; TIIENCE NORTHWESTERLY 76.77 FEET ALONG SAID CURVE
THROUGH A ENTRAL ANGLE OF WI5~03"; THENCE NORTH 72°58'14" EAST 25.79
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND
HAVING A R IUS OF 215.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS
REVISED IIJ2!IOI
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APN: 2.11-130-77
R:ISURVEYIANNAIS
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sourn 80. 6'34" WEST: THENCE SOUTHEASTERLY 69.73 FEET ALONG SAID
CURVE OUGH A CENTRAL ANGLE OF 18.35'01" TO THE TRUE POINT OF
COMMENC
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CONTAININ AN AREA OF 1,891 SQUARE FEET, MORE OR LESS.
\ I '2. 2> 0 2.--
P.LS.4955 DATE:
EXPIRES: 121 l/O§"
.-
-
REVISED 1I12!iOI
P>Jd of 3
APN: "1"130-77
R:ISURVEYIANNAIS DŒGOIQU A1LOARDID WGI25I" I 30-77 RTCE.DOC
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CALIFORN A ALL.PURPOSE ACKNOWLEDGMENT
~r,"".,::: alifornia }
¡J ss.
, County of ~h--.......
I On ~ ... ~ , before me,
" personal! ap;::red A I ç:,~&.. /J ",-2..;(}..,..",
~ -~-
{J p"'onn~II\, knnwn tn mA
: ~roved to me on the basis of satisfactory
¿, evidence
~ OFFICIAL SEAL to be the person(S} whose name("sì is/~
, ADRIAN EDWARD NEWSOM ' . , ,
'. ' NOTARY PUBLIC" CALIFORNIA Q! subscribed to the within Instrument and
.9 COMMISSION # 1254009 ~ acknowledged to me that helshe/they executed
I,.. LOS ANGELES COUNTY the same in his/her/their.. authorized
My CommIssIon Exp. Mar, 17, 2004
capacity(i"es) , and that by his/her/th6if
, signature(s) on the instrument the person(~ or
I',.' the entity upon behalf of which the person(s).
acted, executed the instrument.
, WITNESS my hand and official seal.
~I ~~~
~ PI", Nc"" 5,,1 Abc," OPTIONAL SI90"e" cf Ncl"" Peblic
~I Though he information betow is not required by law, it may prove valuable to persons relying on the document
~ and coutd prevent fraudulent removal and reaffachment of this form to another document.
~ Descript on of Attached Documw
~ TitleorTyeofDocument læ";fèv""")(Þ:>-sh-~~hO1.. Et:.Sf-"""""~
~I.' Document Date: X-- )IQ¡)'-, Number of Pages: 7
, Signer~ ther Than Named Above, N lJ...~
,
, , Capacit (iK) ClaimÄd ~ Signep ,
jj Signer's ame: ",S<;.. t:.. ?\lA-V"- ,..
I 19"'"lndivid ai TOP:' themb hele
, 0 Corpo teOfficer-Title(s):
, 0 Partne - 0 Limited lJ General
'I" ~ ~;~":t: y in Fact
0 Guardi n or Conservator
, U Other:
:, '.00'" """00""
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@1997N"ic",INcl"" "c""'co'93500,SclcA", P08"2402'Ch",,,rth,CA 91313.2402 P,,'.Nc5907 R,cc'" C,IIToII-FI" 1-800.876.6827
, .
CALI FORNI ALL.PURPOSE ACKNOWLEDGMENT
State of Ca ifornia } ss,
I ;XeD-?', before me, 1?~on (;" M(LGJU(J!ë' I ¡f)C5íì1té't¡f'û/3(,jé
a"~ N'm"'dTrtI'afOffI",¡'.'.."'",~",Na"~P"bli'")
personally ppeared fETt.£ (;6íl1 -7'oIÔLt--:j r
N,m,¡,) af Si,""¡,, I
dJ:¡Jersonally known to me ,I
.1
D proved to me on the basis of satisfactory
evidence
.......~~~~~....', to be the person(s) whose name(s@re
RANDA G. MILLJOUR I
Commission #1389205 ~ subscribed to the wit' instrument and
Notary Public " C.liforn..~ acknowledged to me he/ e/they executed
San Diego County the same in is r/their@horized
mmllsion Exp. Jan. 6, 2007 J capacity(ies), and Ihat by' is 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.
d"l4..C
P'ao, Not'~ s", Ab",
OPTIONAL
Though th information below is not required by faw, it may prove valuable to persons relying on Ihe document
and could prevent fraudulent removal and reattachment of this form to another document.
Descripti n of Attached Document
Title or Typ of Document:
Document ate: Number of Pages:
Signer(s) 0 her Than Named Above:
Capacity( es) Claimed by Signer
Signer's N me:
D Individu I .
Top of thumb hele
0 Corpora e Officer - Title(s):
0 Partner 0 limited 0 General
0 Attorne in Fact
0 Trustee
0 Guardi or Conservator
0 Other:
Signer Is R presenting:
@ 1997 N"'o",' Na"~ """'00 '9350 p, Salo"'., P.O. Bp, 2402' C,""warth, CA 91"3-2402 PlOd. Na 5907 "",d" C", TaH'" 1.aOO-a?a-.82?