2007-304738
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DOC # 2007-0304738
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Recording Requested By:
City of Encinitas
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~ 2007 -0304738 ___
SPACE ABOVE FOR RECORDEFrS USE ONLY
MAY 03, 2007 3:36 PM
OFFICIAL F:ECORDS
S,Il,N DIEGO C1JUNT"; RECORDER'S OFFICE
GREGOR'" ,.I SMITH, COUNTY' RECORDER
FEES 0,00
DC NA
PAGES 5
When Recorded, Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
111111I1111I1111I111111111111111
FOR THE BENEFIT OF THE CITY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No. 261-150-45/
Project No: 0386-G
W.O. No.: 05-148
Belmont Villaae Cardiff L.P.. a Delaware Limited PartnershiD. 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 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
cov6690
12738
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.
GRANTOR:
Dated: 4- - 2{, .07
Ignature P ~ e.f.ltr,~,..,.,
~~~
Title
For Belmont Village Cardiff, L.P.,
A Delaware Limited Partnership
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 recordatiO~ thereof by fis duly authorized officer., ^ n (Jg ~
Date: ..s / '3 / ~ q.. By: 'I1Z:::... ..
I f M.t/' Peter Cota-Robles
. Director of Engineering Services/City
Engineer
cov6690
. 12739'
J-15038
EXHIBIT "A"
LEGAL DESCRIPTION
ROAD EASEMENT
Parcel "A"
That portion of the Northeast Quarter of the Northeast Quarter of Section 26,
Township 13 South, Range 4 West, San Bernardino Meridian, in the City of
Encinitas, County of San Diego, State of California, as shown on Record of
Survey Map No. 15896, filed in the Office of the County Recorder of sa!d County, .
being more particularly described as'follows:
Beginning at the Northwest corner of a 14.00 foot Road Easement recorded
March 25, 1999 as Document No. 1999-0193645 of Official Records, said point
being the intersection of the Westerly line of said 14.00 foot Road Easement with
the Northerly line of land described in Deed" to John Lux, recorded August 29,
1995 as Document No. 1995-0381942 of Official Records; thence Southerly along
said Westerly line South 01004'26" West(record South 01004'36" West) 302.53
feet to the Southerly line of land described in said Deed; thence leaving said
Westerly line, along said Southerly line North 88054'48" West 29.00 feet; thence
leaving said $outherly line North 01004'26" East 302.27 feet to said Northerly line
of land described in said Deed; thence along said Northerly line South 89025'50"
East (record North 89057'36" West) 29.00 feet to the POINT OF BEGINNING.
Containing 0.201 acre, more or less.
.7~V /}.~ '1/30/2007
Jeffrey J. Safford, L.S. 6703 Date
Jb/15038.002
EXHIBIT ''Su
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5620 FRIARS ROAD J. 15038
SAN DIEGO, CA 92110
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ENGINEEIUNG COMPANY (FAX)619.291.4165
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LEGEND
!7 77 INDICA TES 29' WIDE ROAD
L..,0.:..J EASEMENT, PARCEL 'A',
TO BE ACQUIRED.
CONTAINING 0.201 ACRES
17\,( ';71 INDICA TES 14' WIDE ROAD
D..<..),(.2:J EASEMENT REC. 3-25-1999 AS
DOC. NO. 1999-0193645, O.R.
r",~ INDICA TES 20' ROAD EASEMENT
~--.J REC. 10-26-1927, BK. 1381,
PG.339 OF DEEDS
p. 0.8. INDICA TES POINT OF BEGINNING
( ) INDICA TES RECORD DA TAPER
DEED REC. 8-29-1995 AS
DOC. NO. 1995-0381942
CD INDICA TES PARCEL 1 OF LAND
DESCRIBED IN DEED TO JOHN
LUX RECORDED AUGUST 29,1995
AS DOC. NO. 1995-0381942
REFERENCE DRAWINGS
RECORD OF SURVEYS 15896 & 19611
BASIS OF BEARINGS
BASIS OF BEARINGS FOR THIS PLA T
IS THE NORTHERL Y LINE OF SECTION
26 PER ROS NO. 15896,
I.E. N89.25'367
ASSESSOR PARCEL NUMBER
261-150-45
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25
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50
GRAPHIC SCALE 1"= 50'
RIGHT--OF-WA Y FOR ROAD
EASEMENT PURPOSES
IN THE CITY OF ENCINITAB,
COUNTY OF SAN DIEGO,
STA TE OF CALIFORNIA
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30-APR-2007 10.12
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12741
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STATE OF TEXAS )(
COUNTY OF HARRIS )(
On ~~.~oo1 ,before me
(name, t tIe of officer) appeared Iu.<.{ , ersonally known
to me to be the person(s) ~hose name(s i are subscri ed ~e within instrument and
acknowle~ to me tha@/she/theyexecuted the same inCh.!Yher/their authorized capacity(ies),
and that b~er/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.
~~-
Notary Public
My Commission Expires: j -/1- t2.o fD