2007-304734
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Recording Requested By:
City of Encinitas
DOC # 2007-0304734
I ""111 "" 11I1I 1111111111 11111 11111 1111I 111111111111111 11I11 1111 1111
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SPACE ABOVE FOR RECORDER'S USE ONLY
MAY 03, 2007 3:36 PM
OFFICIAL RECORDS
'3AN DIEGO COUNT]" RECORDER'S OFFICE
GREGOR'';') SMITH, COUNT'( RECORDER
FEES 000
DC NA
FAGES 5
When Recorded, Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
1 10111 0111 1111I UIIIIIIIIIII....II
2007~
FOR THE BENEFIT OF THE CITY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No. 261-150-61/
Project No: 0386-G
W.O. No.: 05-148
Herbert A Lux. hereinafter called GRANTOR (s), do (es) hereby grant, convey, and
dedicate to the CITY OF ENCINIT AS, 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 CaUfornia,
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
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12708
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:
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Dated:
Herbert A Lux
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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 Rig t-of-Way' Dedication and consents
to recordation thereof by its duly authorized officer.
Date:
5(3/6 -,
By:
A ^ ;I Peter Cota-Robles
IV'.' Director of Engineering Services/City
Engineer
cov6690
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12710
J-15038
EXHIBIT "A"
LEGAL DESCRIPTION
ROAD EASEMENT
Parcel "B"
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, according to the Official Plat
thereof, filed in the Office of the County Recorder of said County, being more
particularly described as follows:
Beginning at the Southwest 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 Herbert A. Lux, recorded
December 14, 1992 as Document No. 1992-0798277 of Official Records; thence
leaving said Northerly line South 01004'26" West 76.70 feet; thence North
88055'34" West 5.00 feet; thence North 16~18/02" West 80.37 feet to said
Northerly line; .thence along said Northerly line South 88054'48" East 29.00 feet
to the POINT OF BEGINNING.
Containing 0.030 acres, more or less.
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Jeffrey J. Safford, L.S. 6703 Date
Jb/15038.002
EXHIBIT ''DN
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5620 FRIARS ROAD J. 15038
SAN DIEGO, CA 92110
619.291.0707
ENOINEElUNO COMPANY (FAX)619.291.4165
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LS 6703 DATE
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LEGEND
r 7/~ INDICA TES ROAD EASEMENT,
a.:--'L LJ PARCEL 'B',
TO BE ACQUIRED.
CONTAINING 0.030 ACRES
p. 0.8. INDICA TES POINT OF BEGINNING
( ) INDICA TES RECORD DA TAPER
DEED REC. 12-14-1992 AS
DOC. NO. 1992-0798277
CD INDICA TES LAND DESCRIBED IN
DEED TO HERBERT A. LUX
RECORDED DECEMBER 14, 1992
AS DOC. NO. 1992-0798277
REFERENCE DRAWINGS
RECORD OF SURVEY 15896
BASIS OF BEARINGS
BASIS OF BEARINGS FOR THIS PLA T
IS THE SOUTHERL Y LINE OF LAND
DESCRIBED IN DEED REC. 12-14-1992
AS DOC. NO. 1992-0798277,
I.E. S89.27'44'E
w ASSESSOR PARCEL NUMBER
i 261-150-61
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GRAPHIC SCALE 1'~ 20'
RIGHT-OF-WA Y FOR ROAD
EASEMENT PURPOSES
IN THE CITY OF ENCINITA8,
COUNTY OF SAN DIEGO,
STATE OF CAliFORNIA
Iola \ 15038\Exh I b' t\PUlll' CR'" 15038_8Xb02B. dOn
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30-APR-2007 10.12
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.ALV.PURPOSE ACKNOWLEDGMENT
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12712
before me, A. Vasvani, Notary Public
A.~
SIGNER(S)
- OR - ~
g.;x::>~ate of California
~ County of San Diego
) On lfp7 J~
personally appeared I- 'e:-~kT
o personally known to me
Jfj A. VASVANI (
.. Comm.' 1506303 .
U) NOTARY PUlllC. CALIFORNIA Ul
~ San Dieto County -
.. My~. Expliu AugustS,200ft T
.
Effective January 1, 2006, the California certificate of
acknowledgment must be in the form set forth in Civil Code
section 1189. rather than .substantially' in the form set forth
therein. The form set forth in Civil Code section 1189 did not
change. but variations in the California form are no longer
permitted. (The law regarding acknowledgments to be used
with documents to be filed in other states has not ctianged
(Civil Code S 1189(c)).
}ss
(NOfARY)
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/SHe/tRey executed
the same in his/HM'/tbcir authorized
capacity(ies), and that by his/hfH/tbpiF
signatures(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.
Lfb1 .0> ~
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
o INDIVIDUAL
o CORPORATE OFFICER
TITI.E(S)
o PARTNER(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
DESCRIPTION OF ATTACHED DOCUMENT
eA~~ Fct CItY l-'/~Mu:fty
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
Of HER
RIGHT THUMBPRINT
OF
SIGNER
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VALLEY-SIERRA. 800-362-3369