2007-133219
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DOC # 2007-01 3321 9
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Recording Requested By:
FOR THE BENEFIT OF THE CITY
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SPACE ABOVE FOR RECORDER'S USE ONLY
FE8 27, 2007
3:56 PM
City of Encinitas
o FFI CI,<\1 R E co R D ':;
':,,<\JJ DiECilJ CDur'H" F:ECOF:DEFi",; OFFICE
C.iFiECiDR,' ,J ':;t,..1ITH cour'Jr' F:ECORDEF:
FEE':; D.D[I
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When Recorded, Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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Assessor's Parcel No.
EASEMENT FOR CITY HIGHWAY
254-362-09 / '-'.OCUMENTARY :~j~~:~~~:~~~ ;~4
Il
Robert H. Bender and Katherine Ruth Bender. as Trustees. under the Robert H. Bender
and Katherine Ruth Bender Trust AQreement dated September 23. 1996
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, 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 CITY OF ENCINITAS the privilege and right to
extend slopes and conduct construction beyond the limits of the herein described right-
of-way where required for the construction and maintenance of said CITY highway.
RESERVING unto grantor of the above described parcel of land, his successors or
assigns, the right to eliminate such slopes and/Oi drainage structures or portions thereof,
when in the written opinion of the City Engineer, the necessity therefor is removed by
substituting other protection support and/or drainage facility, provided such substitution
is first approved in writing by the City Engineer.
The Grantor hereby further grants to 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 manner and at such
locations as said Grantee may deem proper, needful or necessary, in the construction,
reconstruction, improvement or maintenance of said highway.
cov6690
Dated this
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day of
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2007.
Robert H. I?ender, Trustee !)
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Katherine Ruth Bender, Trustee
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council adopted on November 9, 1994 that the City of
Encinitas consents to the making of the foregoing Rig -of-Way Dedication and consents
to recordation thereof by its duly authorized officer.
Date:
,llf/071
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By:
Peter Cota-Robles
Director of Engineering Services/City
Engineer
This is to certify that the interest in real property conveyed by the deed or grant
dated January 10, 2007 from Robert H. Bender and Katherine Ruth Bender to
the City of Encinitas, a governmental agency, is hereby accepted and the
grantee consents to recordation thereof by its duly authorized officer.
Dated: February 15. 2007
Q! (}.(2L
,
By:
Peter Cota-Robles
Director of Engineering Services/
City Engineer
cov6690
EXHIBIT "A"
That portion of the land described in the Quitclaim Deed to Robert H. Bender and
Katherine Ruth Bender, Trustees under the Robert H. Bender and Katherine Ruth Bender
Trust Agreement dated September 23, 1996 as described in Document No. 1996-
0493809 recorded in the office of the San Diego County Recorder September 30, 1996,
described a follows;
Begilming at the northwest comer of said Bender's land being a point of the westerly line
oflot 21 of Hillside Acres, according to Map thereof No. 1992, filed in the office of the
County Recorder of San Diego County January 25, 1927, also being the True Point of
Beginning, thence easterly along the northerly line of said Bender's land 7.00 feet, thence
leaving said northerly line 36.00 feet more or less to the westerly line of said lot 21 being
a point 36.00 southeasterly from the True Point of Beginning and measured along the
westerly line of said lot 21, thence northwesterly along said westerly line 36.00 feet to the
True Point of beginning.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of .:::a/11 '7J'c3 D
oq'YJ. ~~) ;;)()()7, before m~OIJ N~ ~n/;i(~~?2gl~~e td~?!!!~"tU8L I~-
personallyappearectf/ltrfltellJt RU-rf(-~tA:JOfK c.r ~D {3ERJ &IJOl:i( ,
Name(s) of Signer(s)
MHOA G. MtLUOUR
eo-tIlioIl.'7OH14,<
tlfJ NIIlc . CIIIferniI
t ~ s.n DIego County
.. ~!~ Exp. Jan. 6, 2011 f
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o personally known to me
~roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i~
subscribed to the within ins nt and
acknowledged to me that he/sh xecuted
the same in his/he their autho'
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.
Place Notary Seal Above
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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 Soto Ave" P.O. Box 2402. Chatsworth, CA 91313.2402
Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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.......................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego }
ss
On ~{ /01 . before me. Randa G. Milljour. Notary Public, personally
appear d 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. .
4;/7Z:>#C7 /~C/tJOK
WITNESS my hand and official seal. /),
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Ra a G. Millj
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E... ..... .. 2011
5'/77;7 .ZJ/"LQ~ COvY/ /P'
(:?om, eXP-J~G/ ZCV/
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:
o Individual
o Corporate Officer - Title( s)
o Partner-o Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
oOther:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer is Representing:
.......................................................................................................