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2006-843626 ..- . City of Encinitas ) ) ) ) ) ) ) ) ) ) ) ) DOC # 2006-0843626 : 11111 11111111111111111111111111111111111111I11111111111111111111111 Recording Requested By: ~tp ,\ ~ ~ FOR THE BENEFIT OF THE CITY ~~ " ~ EASEMENT FOR CITY HIGHWAY DOC~MENTARY TRANSFER TAX $ (J-..... Assessor's Parcel No. 259-270-01-00 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 NOV 28,2006 3:18 PM CI FFI [1.61 F: E [Ci F: D ':; ':,,6,ti L"EC,D CCiUr'JT''' FiECDHCH:S UFFICE I,FiECiCJFi'('.j ':;MiTH COUNr,. F:ECDF:DEF: FEE':. 000 1][ roJ.6, F'6,i::1E':; 7 1 IlIlil 1111I 1111I 11111 11111 11I11 11111 11111 11111 11111 1111I 11111 11III1111111111111 SPACE ABOVE FOR RECORDER'S USE S'':{jC ~fI\ \ ) V-' " (~l) Project No. 04-1604 DANIEL CALVERT AND MICHELLE CALVERT, HUSBAND AND WIFE AS JOINT TENANTS. hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate for valuable consideration 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" ATTACHED 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 of land, 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 first approved in writing by the City Engineer. 1 "" 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. The Grantor, for himself/herself, his/her 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 -1J.. day of iJo u ,2006 O~c::Z/~ Daniel Calvert Owner ~. '7. /7.,r / /7 ____ '7)2 'L~ Michelle Calvert Owner Signature of Owner 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. ~.~er cf!!les 0LI2l Director of Engineering Services City of Encinitas DATE: II / ~2/ 0 (, 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ U' <2 ~ On ,oDV~ :LIJ 2.{)()(p , before me, 'I1J01I b-. k/L(:.JlJvR !Jd1Hte'1,oU!5Ur:- Date Name and Title of Officer (e.g., " ane Doe, Notary Public") }ss personally appeared 0 It-~ I t L tM-1oL /..1, c II E I... I...... E en L- v ER I Name(s) of Signer(s) o personally known to me Q::proved to me on the basis of satisfactory evidence r.......~NOAG::;;.~L;o~R' ~eCommlsllorrtl~892051 . Notlry Public. C11lfomil ~. Sin Diego Count' ." t~!.:~~~~~...~!~~~~~...z.02!J to be the person(s) whose name(s) is~ subscribed to the within ins ent and acknowledged to me that he/ executed the same in his/he thei authori capacity(ies), and that by his/h /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. ~~~"7/.J;!Pt~ OPTIONAL 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. Place Notary Seal Above 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: @ 1997 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION OF RE.A\.- :P~'PE.P-.,-y THE WESTERLY 100 FEET OF LOT 1 IN BLOCK "L" OF AVOCADO ACRES NO.7, IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 7, 1928. i ,~C~M SEAN C. ENGLE , LS 7959 1. . ({; .. 05 DATE ~ -' EXHIBIT "B" LEGAL DESCRIPTION o F ~EA.L 'PRoPatr'I-ro BE. DE.DKATED THAT PORTION OF LOT 1 IN BLOCK "L" OF AVOCADO ACRES NO.7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 7, 1928, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 89034'14" EAST, 100.00 FEET TO THE NORTHEAST CORNER OF DEED GRANTED TO CALVERT, RECORDED ON APRIL 23, 2004 AS FILE NO. 2004-0361062 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID DEED GRANTED TO CALVERT, SOUTH 00.51 '08" WEST, 5.00 FEET; THENCE LEAVING SAID EASTERLY LINE OF DEED GRANTED TO CALVERT, NORTH 89.34'14" WEST, 75.19 FEET TO THE BEGINNING OF A 25 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89.34'38" A DISTANCE OF 39.09 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE, NORTH 00.51 '08" EAST, 29.82 FEET TO THE POINT OF BEGINNING. CONTAINS 632 SQUARE FEET MORE OR LESS. ~c~ SEAN C. ENGLE , LS 7959 2-{f-05 DATE "" EXHIBIT "B" ~ INDICATES ROAD DEDICATION AREA = 632 SQUARE FEET MEJ..6A ROA1:> --I p,G.e. N89"34'14"W 100,00' . o ru -9,< ~ ~ ~..9 II1 ~ <1~(?S-,' 0 "- ~" ~, . ~"ii", 0 01 01 ~ 0 & 01 ~ (9" 0 w ~ It . : IP@OOa I1@Lj 'll 0 00. w Q 01 ?01 (ID[b@@CC< 111[6111 : II) ~ II) .;;r 0 ~ II1 . ~W@Xg~ ~@OO~ OO@a 71 0 . " 01 - - Z o "- ~ OO@a ~'ll~ II1 0 " SCALE: 2 z 0 0 1"=30' 100' z 20' N89"27'52"W 100.00' CLS#206 COASTAL LAND SOLUTIONS 1 ................................................................................~....................... . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } ss OnMU. 2Z, '11:1)('0 . before me, Randa G. Milljour, Notary Public, personally appeared Peter Cota-Robles, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. -=;:~~~. Randa G. Mill ur r r- u~_, ~~;:OA~~(~i~l;OUR1 ~.. Commls.~Ofr"1~8920S.~ a: Notary Public . California(/) > .. San Diego County ~ l~~~~':~~~~~~:~:.!J2!j Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docu- ment 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: t Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer - Title( s) o Partner-o Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator oOther: Top of thumb here Signer is Representing: I.................................................~.....................................................