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2004-377768 '.Recor'!.ing Requested By: . ) . City ofEncinitas ) DOC # 2004-0377768 When Recorded Mail to: ) City Clerk ) APR 28, 2004 4:03 PM City of Encinitas ) 505 South Vulcan Avenue ) OFFICIAL RECORDS Encinitas, CA 92024 ) SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FOR THE BENEFIT OF THE CITY FEES: 0.00 OC: NA SPACE ABOVE FOR RECORDER'S USE ONLY ~ vi fII .01 1\ Ps b'i EASEMENT FOR CITYIDGHWAY O:;g ~ ~ :..f' Assessor's Parcel No, 254-073-01 Building Pennit.: 03-2399 CDP ,L? Sand W Miller and Gita Marcia GendIoff. as Trustees of the Miller GandIoff Famil Trust Dated January 8. 2002 hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City ofEncinitas, 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, COWlty of San Diego, State of California, described as follows: SEE EXIllBITS "A" and "B" AlTACHED HERETO AND MADE A PART HEREOF BY TInS REFERENCE, The Grantor hereby further grants to the Grantee all trees, growths, (growing 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, )'he ~antor, for himself, hi.ccessors and assigns, hereby waives" claim for any and all damages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway, ,..,)., day of ¥ 2004 Dated this ;), Ã -od1:~ SAND /L-1/'tl el?- f61TJ4- 11 GE!JJJt....oFF Print Owner's Name: . Print Owner's Name: I I Signature of Owners to be notarized. Attach the appropriate acknowled~ents 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 February 3, 2004 and the grantee consents to recordation thereof by its duly authorized officer, næoo; íCf ~ ByJ . L Peter Cota-Robles Director of Engineering Services City of Encinitas . . EXHIBIT" A " LEGAL DESCRIPTION ALL OF LOT 2 IN BLOCK "C" OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1802, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON AUGUST 4, 1924. EXCEPTING THE SOUTIŒRL Y 92 FEET OF SAID LOT 2. '¿;;'f~ LS 7959 +-(1~ot DATE . . EXHmIT "B" LEGAL DESCRIPTION THE WESTERLY 2 FEET OF LOT 2 IN BLOCK "C" OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1802, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON AUGUST 4, 1924. EXCEPTING THE SOUTHERLY 92 FEET OF SAID LOT 2. ~ ~ .f./1-O4- SEAN C. LERT, LS 7959 DATE . EXHmIT "B" i ~ SCALE: 1"-40' N89~8'30"E 161.08' ~ ~ ~ ~ '\ ~ <O~ ~ '0 ~ t;"+ 1;'0 . 55,00' "e. 1 ~7A'11'00 ~ " ~>-. ~ C'" -b ~ ~< O~ ~ <0 :>- ~ HB#2 ENGLERT LAND SURVEYING . . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss. County of ~ Dezo o~n'/ E' 200<1, beforeme~~aøa;£~~~g~~oeí)POI3¿/C personally appeared :0 M I ¿Léfi? Namal') m S¡gOO",) ~rsOnallY known to me oved to me on the basis of satisfactory evidence ~=~1 to be the person(s) whose name(s~re subscribed to the wi instrument and acknowledged to m h elthey executed II8tIIJ f'uIIIc . the same in . er/their ~orized ...... eo., capacity(ies), and that by his/ r/their Ny -"""'.2007 signature(s) on the instrument the persan(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~~.~~ PIaoe Nolo,>, S", Abo", 081"" Of NOlo,>, P,b OPTIONAL Though the infonnaUon below is nol raquired by law, it may prova valuable to parsons relying on /he dccument and could prevent fraudulenl removal and reanachmenl of /his lonn 10 anolher dccument. Description of Attached Document TItle or Type of Document Document Date; Number of Pages; Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer Signer's Name: 0 Individual Top of th'mb here 0 Corporate Officer - TItle(s): 0 Partner - 0 Limited 0 General 0 Attomey in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: "'997 Nalioo" NOIa,>,A"""at~o '9350 O. Solo A",., P.o. 60, 2402. Chat'worth, CA 91313-2402 P'Od. No. 5907 Rao<de, Ca" Tolf'F", "600,876-6827 . . . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss. County of ~ Q'€-so ona¡;n'l tt '¿øoLj ,before mð&JOA (!; tll¿QVUIé:', IJ~' Púðl/C D"a Nama aod r.a of Off... ta., , °Jaoo Doe, Nota" PObll" personally appeared ~ 1774 /-1, ~£AJ~Or¡:: Namel') of 51'00"') ~rsonallY known to me oved to me on the basis of satisfactory evidence to be the person(s) whose name(s~re subscribed to the within ument and acknowledged to me tha yexecuted the same in hi her eir ~ed capacity(ies), and that by hi he 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. ~~ " PI", Nofa" """ Abo" ~"~ OPTIONAL Though the information beiow is not required by law, it may prove valuable to persons relying on the tJocumenl and could prevent fraudulent removal and reattachment of this form 10 anolher document. Description of Attached Document TItle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: -00 0 Individuai Top of thomb he.. 0 Corporate Officer - TItle(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: <01997 N"lo081 Nota" A"oclad,"' 9350 Da 50toA"., P.o. 80,2402' Chatsworth, CA 91313-2402 Pmd. No. 5907 Reo""" Call T~r-F",a 1,801).878"'27