2005-812168
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Recording Requested By:
City of Eilc'f1itas
When Recorded'Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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SEP 20, 2005
3:55 PM
UFF'iCl.6.L RECO~:[I':;
:,':::'JJ n![i~iC' UJUNT"r' F,EUJF:DEF:"::: OFFICE
1_~iF:EGCP,\' ,I, ';MITH,_ CClUf'JT'I' i=lECOF-:DER
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FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
1~I~OOIWWWwoooowwooml
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No, 256-012-17
Building Permits: 05-314, 05-318. 05-604
Lawrence Holland and Jill Holland, Husband and Wife as Community Property
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 a public
highway upon, over and across that certain real property in the City of Encinitas, COlmty of San
Diego, State of California, described as follows:
SEE EXHffiITS "A" and "B" 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 right-of-way, including the right to take water,
together with the right to use the same in such a marmer and at such locations as said Grantee may
deem proper, needful, or necessary, in the construction, reconstruction, improvement, or
maintenance of said highway,
The Grantor, for himself, hi~ccessors and assigns, hereby waives t claim for any and all
damages to Gr.antor's dedicated property conveyed by reason of the location, construction,
landscaping or maintenance of said highway.
Dated this
TO"
t5 day of VCJI1 L, 2005
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'- ];i / 13- Ho / /Ci-I\ cI
Print Owner's Name:
~WY"e.r7~ IN'. I/o//v.r, /
Print Owner's Name:
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 February 3, 2004 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated:
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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It) 1997 National Notary Association. 9350 De SolO Ave, P_O. Box 2402. Chatsworth, CA 91313-2402 Prod. No_ 5907 Reorder: Call Toll-Free 1_800_876_6827
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State of California
County or _~ . %u
J) 6'l"Itett
on~' {~ UJo5", before m2'A.pO!L,€,;",t~~r'!.,?Do~t~,~poblf:{)t5L(C
personally appeared ff".~ ez>...,-11 - ?/) f3 Lc.5 ,
Name(slof S,gner(sJ
~rsonally known to me
o proved to me on the basis
evidence
of satisfactory
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Ul -. . Notiry PuIIlIC . c.ll~
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to be the person(s) whose name(s~re
subscribed to the witlJ,il1.,. instrument and
acknowledged to m~~he/they executed
the same in ~er/their~horized
capacity(ies), and that by QlliLller/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
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(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator.
o Other:
TOp 01 thumb here
Signer Is Representing:
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Loan #: 708-0039739669
Consent of Lienholder
Wells Fargo Bank. National Association. successor by merger to Wells Fargo Home
Mortgage. Inc., ("Lienholder"), hereby consents to the grant of the foregoing Easement
for City Highway by Lawrence Holland and Jill Holland to the City of Encinitas. State of
California, and, joins in the execution hereof solely as Lienholder and hereby does agree
that in the eyent of the foreclosure of said mortgage, or other sale of said property
described in said mortgage under judicial or non-judicial proceedings, the same shall be
sold subject to said Easement for City Highway.
SIGNED AND EXECUTED this /1-r4 day of Ylu..<iJ U.J. "/ , 2005.
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Wells Fargo Bank, N.A.
By:
Teresa A. Naylor
Vice President
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STATE of MARYLAND
COUNTY of FREDERICK
BEFORE ME, the undersigned authority, on this day personally appeared Teresa A.
Naylor. Vice President, of Wells Fargo Bank, N.A., known to me to be the person and
Officer whose name is subscribed to the foregoing instrument and who acknowledged to ~
me that he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated, as the act and deed of the said Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ;7".{day of !1t,<.e,,,,.r I ,
2005. A// 0 4
L1ia:r1//L~~//- ~
Notary Public
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My commission expires: $ '0/ -J 00 7
NANETTE S. FRANCELLA
NOTARY PUBLIC STATE OF MARYLAND
County of Frederick
My Commission Expires March 1. '2fYJ7
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EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTHEASTERLY 8.00 FEET OF LOT 17IN BLOCK 9 OF SOUTH COAST
PARK UNIT NO. 2IN THE CITY OF ENClNlTAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1895 RECORDED
SEPTEMBER 21, 1925 IN THE OFFICE OF THE COUNTY RECORDED OF SAID
SAN DIEGO COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE SOUTHERLY
1.00 FOOT THEREOF.
THE WESTERLY TERMINUS OF THE SOUTHERLY LINE OF SAID 8.00 FEET TO
BE AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE ARC
OF A CURVE HAVING A RADIUS OF 242.00 FEET AND BEING CONCENTRIC
TO THE NORTHERLY LINE OF SAID LOT 17, WITH THAT CURVE IN THE
NORTHWESTERLY BOUNDARY OF SAID LOT 17 HAVING AN ARC DISTANCE
OF 63.66 FEET, AS SHOWN ON SAID MAP.
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EXHIBIT "B"
. DEDICATION PLAT '17'40" R-
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LOT 16 '~~
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1" = 20'
LOT 17
MAP NO. 1895
N74'16'30"E
9,77'
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1\=41 '20 '14"
R=30.24 '
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PE j4j5
PASCO ENGItEEROO
(858) 259-8212
535 N. HWY 101, STE, A
SOLANA BEACH. CA 92075
.
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OFFICIAL CALIFt) IA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT .
State of California
County of(~l)ic..3D Title ofDocument Uts<2.flilf'M J;,rL\~ 1-h~~)1A i
On 0/1V1e 8/ ,;LO 05 , before me;- It' N< L.J d1 bVlS i IJ ~ -t tArY PiA./o fA' ( I
personally appeared Jill B. Ho llw tutJ Lo.I.\reV1N t.J .f+e 1/ 0..11). [] personally known to
me - OR - [q-p;:oved to me on the basis of satisfactory evidence to be the perso~hose nam~ ~
subscribed to the within instrument and acknowledged to me that ~~~ executed the same in
~6authorized capaci~, and that by isnl.@signatur~n the instrument the perso@
or the entity upon behalf of which the person@cted, executed the instrument.
WITNESS my hand and seal.
TINA L. JENKINS
COMM. 1/1413572
NOTARY PUBUC-cA1JFORNIA fi)
SAN DIEGO COUNTY ()
COMM. EXP. APRil 25, 2007'"
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SIGNATURE OF Y -