Loading...
2007-170456 ~R ~f l t5'{\ '[If \ \t \\f I.r ~ '"\ M~b'h \iV C DOC # 2007-0170456 1111111111111111111111111111111111111111111111111111111111111111111111 Recording Requested By: MAR 13, 2007 2:04 PM FOR THE BENEFIT OF THE CITY ) ) ) ) ) ) ) ) ) ) ) ) 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 [I [ t'J.6, F',~JJ E ~; 10; When Recorded, Mail To: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 11111111111I1111111111111I111111111111111I11111111111111I11111111111111111111111 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 t) 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 \ 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~, ~I/ .I 'I'}:t~ l1t<<~e----C ~ OWNE : A/VIZIJ 15~' '?/ffLcP 8'~'(S-1S /7 c2/?-L--/rcJB?//7 Clc3,.€/lCJR/J 77~ 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 \ \ \ \ \ \ \ 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' ..-- ---- lU \ 'Z \ S Nt<< \ lU ~ - \ t\t ~ \ \ 'Z - ~ -. --- \ \ \ ~~~,~"',' INOICA TES AREA TO BE OEOICA TEO TO THE CITY OF ENCINITAS GRAPHIC SCALE 1"=20' ~ o I 20 I 40 I 60 PE 1548 State of California County of ~^ \) \~'~ iJ CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 111'\. '30~ 2. (JUT before me, ~\ \ ~ 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 ~\~ (\', tll~ 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 . & ....................................................................................................... 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: .......................................................................................................