2007-170456
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DOC # 2007-0170456
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Recording Requested By:
MAR 13, 2007
2:04 PM
FOR THE BENEFIT OF THE CITY
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SPACE ABOVE FOR RECORDER'S USE ONLY
City of Encinitas
OFFICI.~.L F:ECClF:DS
':;,~N DIECiO COU~Jr( RECOF:DEF:'~:; OFFICE
C1F:EC1[1F:'( ,J. ~:;t'..1ITH.. COU~Jr( RECOF:DER
FEES 000
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When Recorded, Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No. 254-181-03 j
DOCUMENTARY TRANSFER TAX $
Project No: 06-753 CDP
W.O. No.: 408-G
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Batlev Enterprise, a California Corporation
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,
06-750,408-G
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The Grantor hereby further grants to the CITY OF ENCINITAS 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 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, 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.
The Grantor, for himself, his 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 30 .-It..
day of 'JU.Al. 20~,
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OWNE : A/VIZIJ 15~'
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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 Right-of-Way Dedication and consents
to recordation thereof by its duly authorized OlfieeLa (}). ~
Date: ~/2.e.; 0 ':J. By: .
Peter Cota-Robles
Director of Engineering Services/City
Engineer
06-750,408-G
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT FOR PUBLIC ROADWAY AND UTILITY PURPOSES OVER,
UNDER, ALONG AND ACROSS THE WESTERLY 24.00 FEET OF THE
NORTHERL Y 100.00 FEET OF THE SOUTHERLY 326.12 FEET OF THE
NORTHERL Y 652.24 FEET OF THE WESTERLY 416.89 FEET OF THE EASTERLY
667.85 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXHIBIT "B"
DEDICA TION PLA T
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PER\8001< 2393
20' ROAD CN-O RY REG 4-28-47
PG6BOF .
SDGE EASEMENT NO WIDTHdr~~~-j7-47
PER 8K 2393 PG 68 OF r'
30.00'
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~~~,~"',' INOICA TES AREA TO BE OEOICA TEO TO THE CITY OF ENCINITAS
GRAPHIC SCALE 1"=20'
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20
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PE 1548
State of California
County of ~^ \) \~'~ iJ
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On 111'\. '30~ 2. (JUT
before me,
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personally appeared
~U'1'^- Bo... -t k v\
per~on"lIy kREl'vvlI to ""~ (or proved to me on the basis of satisfactory evidence) to be the person~ whose
name(,* is/~ subscribed to the within instrument and acknowledged to me that ~she/th~ executed the
same in ~/her/t~ authorized capacity(i~, and that by hteher/t~ signature(~n the instrument the
person~or the entity upon behalf of which the person(pcted, executed the instrument.
WITNESS my hand and official seal.
Signature
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M. S. MULLIN
COMM #1641472 z
Notary Public, California ~
San Diego County ...
M' Comm Expires Jan. 28, 2010
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
~"I$ "
Additional Inform'ation
containing
pages, a nd dated
Method of Signer Identification
D Personally known to me
D Proved to me on the basis of satisfactory evidence:
La form(s) of identification a credible wltness(es)
Identification is detailed in notary Journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-;n-Fact
D Corporate Officer(s)
Notary contact:
Other
Tltle!s}
D Additional Slgner(s)
!D
Signer(s) Thumbprint(s)
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s) or Entit:dies) Signer is Representing
IbJ Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 10/05. To re-order, call toll.free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego }
ss
On,.@.. Z~ ,10() / , before me, Randa G. Milliour, 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. Milljo
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-D Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
DOther:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer is Representing:
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