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2007-212795 / "11r \!f,~ r-JJ \\ \ \jJ I ..~ /". " )'\'" \.-t\ ~V f- ~ fPJ '. ; Recording Requested By: City ofEncinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 OCJC # 2007-0048385 11111111111111111111111111111111 11111111111111111111 111111111111111111 ) ) ) ) ) ) ) JAN 23, 2007 4:01 PM CiFFICI.Il,L RECOF:DS ::"c.,N [lIEC,O CIJUr'JT,' RECOF:DEF:'::; OFFICE CiF:Ei:,OF:\' ,J ':;MITH DJUNT'( F:EDJF:DEF: FEE':. Ci.CiCi DC. N,Il, F',Il,(JES G FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONL Y 1111111111111111111111111I111111111111111111111111111111111111111111111111111111 EASEMENT FOR CITY mGHW A Y OOCUMENTARY TRANSFER TAX $ ~ Assessor's Parcel No. 254-172-03 Grading Permit: 9482-G 05-046 CDP JOHN K. DEMERS AND DENISE A. DEMERS. HUSBAND AND WIFE. AS JOINT TENANTS 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, 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 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, his successors and assigns, hereby waives any claim for any and all damages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway. , 2006 John K. Demers Print Owner's Name: Denise A. Demers 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 ::&tiOV5ifb~d.Ulfi[ offirer By: \J~ 23 J 2.. 00 1- , Peter Cota-Robles Director of Engineering Services City ofEncinitas EXHIBIT "A" THE WESTERLY 5.00 FEET OF THAT PORTION OF LOT 4 OF CREST ACRES IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 3, 1927, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 18027'40" EAST 100.03 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ROY ROBERT SORA VIA ET UX, RECORDED APRIL 29, 1957, IN BOOK 6554, PAGE 148 OF OFFICIAL RECORDS AS DOCUMENT NO. 62699; THENCE ALONG THE NORTHERLY LINE OF SAID LAND NORTH 83028'40" EAST 394.56 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID EASTERLY LINE NORTH 6031 '20" WEST TO THE NORTHEASTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, SOUTH 83028'40" WEST 415.26 FEET TO THE POINT OF BEGINNING. ~ ,0 &. /1_ "!J 0 . 2---Q \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Prepared for: \ John K. and Denise A. Demers Prepared by: Action Surveys 1045 Main Street, Suite 102 Riverside, Ca. 92501 (951) 686-6166 EXHIBIT \ \ \ \ \ \ A (;) \\ ~\ ~\ \ \ PREPARED u~ THE U ERVlSION OF: ~ . /' /-/:7-Z,OO? GABRIEL D. YBAR .5. 4343 DATE "B " \ N. W. CORNER LOT 4 PER MAP NO. 2019. ') . · W 4'5.26 (S 83'28,40" E 4'5.64' N 83'2506 410.53' z o ~'Z VI V!. 0 ~O) CJl' .VI -". ~N 0. IO~ CJl ~ 10. \ Boundary data shown hereon is per R.S. No. 19132. () Denotes record data per Doc. No. 1966-184432, recorded 11-22-1966 O.R. 40 I '\ji'Z- ~ ~~. ~~ -1 . ;~ o a a (f\~ P OR. L o-r Lj. JvJ.AP NO. 2 OJ 9 \ 389.87' . "E 394.98' N 83'28,40" 394.56') (N 83'28 40 E \ \ LEGEND INDICA TES EASEMENT FOR CITY HIGHWAY 20 0 20 ~II GRAPHIC SCALE ( IN FEET ) 1 INCH = 20 FEET CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of cali~~ia ./1.u1/X} } ss. County of ~ ~ pU ~L.IC onCf"n. :l Jo67,beforeme~~1~~"!.'.~::!t!.(~'1 , personally appeared (]l>-#At ewzd... ..oE.AJ IS G ,4. Ocfl4~-5 Name(s) of Signer(s) 'IANoAG.:MlLUOUR < C4ft\_Ileft.,389Z0S 11 . PuIIIic. e.ufoml'~ San Ditto County l . Exp. Jan. 6. Z007 , 16" I.'......-~_# o personally known to me ~oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/0 subscribed to the within instr ent and acknowledged to me that he/s e executed the same in his/he their authori capacity(ies), and that y his/he heir 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 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. 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 Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I '..1 ....................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } ss On ~. Z 3. J/)(; 1 ,before me, Randa G. Milliour. Notary Public, personally app red 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. Milljou . 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: 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: ........................................................................................................