2004-86720
t
Recording Requested By: . ) DOC #~OO4-0086720
.. . )
. City ofEncinitas ) FEB 03,
) 2004 3:36 PM
When Recorded Mail to: ) IJFICIft REcæJJS
City Clerk ) SAN DIEOO COOOV REaRDER'S IJFICE
fCPr City ofEncinitas ) I:ìRmJ¡V J. ~ITH, COOOV REcœDER
505 South Vulcan Avenue ) FEES: 0.00
~ Encinitas, CA 92024 ) [1;. ~
{; f FOR THE BENEFIT OF THE CITY ) )
~ y.. )SP ACE ABOVE FOR RECORDER'S USE ONLY
~ '#rJ1
~ :¡øcf EASEMENTFORCITYIllGHWAY
Assessor's Parcel No. 262-073-24 Project No.: 6442-G&I
W.O. No.: 98-039 MUP/DRlCDP
M & M DEVELOPMENT. LLC. A CALIFORNIA LIMIMTED LIABILITY COMPANY
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" ATIACHED 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 embankment 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 ofland, 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 fast approved in writing
by the City Engineer.
98-039 ECDS 6442 I&G 1
qu.
'
!'he Grantor hereby further gr. to the Grantee all trees, growths, (Ag 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 Gran~e may
deem proper, needful, or necessary, in the construction, reconstruction, improvement, or
maintenance of said highway.
The Grantor, for himself/herself, 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 ~ day of a c; f-. ,2003
~~!!~)~ ~it~'M ~¿L~
G-~OF¡:()eY 0, MA-1Jrs/ MA-#k~k1f!,Mee( fQ~ ¡U"X {}ÐI~IJ.ý~
Print Owner's Name: Print Owner's Name: L L <:..
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.
::~ã.()L
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
98-039 ECDS 6442 I&G 2
0-- I
. .
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calffornia }ss.
County of S...." ~,o
On OLhI.s~ \1., ~> before me, R..~\ J\. t-I,.\\ I Not"'7 P..I,'IG
Dolo '-~oÇfr....., N"""'_of"""'(,.g.."-""".-"""""
personally appeared O. Y\...v',s
_,)of__)
D personally known to me
or proved to me on the basis of satisfactory
evidence
@-- ,;;,.~ M~':: ï to be the person~ whose name") ~
subscribed to the Wi¡ instrument and
acknowledged to m@; h ~., executed
Commlølon * t296654 the same in hi h ltt\6ir authorized
i" NoIay Public - Callfomla I
~ - - - ~~~~~~f capacity(i~), and that by @h;r/th~r
signature()Q on the instrument the personØQ, or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
~,.,~
.""""'-"""'"
OPTIONAL
Though the infonnation below is not required by law, ft may provo valuable to persons ralying on the ~ment and could pravant
fraudulent removal and INttachmant of this fonn to anotho, ~mant.
Description of Attached Document
Trtle or Type of Document €..s~~~ ~ (ì~'1 \.\,~I.,""""I
Document Date: \./"'/0) Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
D Individual Top of th'mb here
D Corporate Officer - TitJe(s):
D Partner - D Umited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
0"" N"""," -.^"""-" 9350 "'SoIoAw.. P.O.'" "'" "c"",""",. CA"31~2402 "_."""""'_.."", Prod. No.5S07 _","IT""_1-I10<>87""'7
. .
.
EXHmIT "A"
PROPOSED ROAD DEDICATION
PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 19, 1881, BEING WITHIN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25,
THENCESOUTHERL Y ALONG THE EAST UNE OF SAID NORTHWEST QUARTER,
SOUTH 01°00'40" WEST, 20.85 FEET TO THE BEGINNING OF A NON-TANGENT
735.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH HAVING A RADIAL
BEARING TO SAID POINT OF SOUTH 1O032'48"EAST; THENCE WESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 11°15'42", AN ARC DISTANCE OF
144.47 FEET; THENCE NORTH 89°17'06" WEST TANGENT TO SAID CURVE 1169.00
FEET TO THE WEST UNE OF SAID SECfION 25; THENCE NORTHERLY ALONG
SAID WEST UNE NORTH 00°09'13" EAST 35.00 FEET (RECORD NORTH
00008'44"EAST PER RECORD OF SURVEY MAP 14943 RECORDED AUGUST 3,1995
AS FILE NUMBER 1995-0336085) TO THE NORTHEAST CORNER OF SAID SECTION
25; THENCE EASTERLY ALONG THE NORTH UNE OF SAID SECfION 25 SOUTH
89°17'06" EAST, 1312.99 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION OF ROAD SURVEY 426, AS DESCRIBED IN DEED
RECORDED OCfOBER 26, 1927, IN BOOK 1385, PAGE 375 OF DEEDS.
SAID DEDICATION CONTAINS 0.41 ACRES MORE OR LESS.
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LS 5941
K:lLand Projects 3ISOS-0704-600\LegalslManchester dedication.wpd
, . - . PROPOSED ROAD DEDICA TION
EXHIBIT "E"
NOO'09'13" co' ('()
~ R.O.~ NO. 14943) -dS."'L- ~I ~
WEST LINE OF NW 1/4~ 1:-""" "1'
\~
NW 1/4 SEC 25 " g I
1-1
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200' 100' 0 200 400 600 Š~... I
~-- , I
120'
SCALE: I" = 200' I
EXISTING 20' PUBLIC ROAD I
EASEMENT TO THE COUNTY I IÒ
N
OF SAN DIEGO, RECORDED I c..:i
I.LI
10-26-1927, IN BOOK 1385, , (/)
PAGE 375 OF DEEDS. w:;:: I -t
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20.85
VICINITY MAP
1WI' TO -.
bliA, Inc.
land planning, civil engln..rlng, surveying
5115 Avenlda Encinas
Suite l
Carlsbad, California 92008--4387
(760) 931-8700
W.O. 505-0704-600 DATE: 10-09-03
.