2007-278665
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DOC # 2007-0278665
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APR 24, 2007 3: 19 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 5
When recorded mail to:
11111I111I 11111111111I111111111111I111I1111111I111I1111111I111111
City Clerk
City of Encinitas )
505 South Vulcan Avenue
Encinitas. CA 92024
For the Benefit of the City
SPACE ABOVE FOR RECORDER'S USE ONLY
PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
DOCUMENTARY TRANSFER TAX $ ~
Assessor's Parcel/
No. 260-620-85 t/
W.O. No.:06-053 COP and 0302-G
Richard J. Schroeder and Mary L. Schroeder. husband and wife as community Drooertv;
hereinafter designated Grantor(s) do(es) hereby grant unto the City of Encinitas herein designated
Grantee, its successors and assigns, a perpetual easement upon, through, under, over and
across the hereinafter described real property for pedestrian access and use, for drainage, and for
the installation, construction, maintenance, repair, replacement, reconstruction and inspection of
public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water,
storm drain, appurtenant facilities, and all structures incidental thereto, together with the perpetual
right to remove bUildings, structures, trees, bushes, undergrowth, and any other obstruction
interfering with the use of said easement by the Grantee, its successors or assigns. To have and
to hold said easement unto itself and unto its successors and assigns forever together with the
right to grant said easement, or any portion of said easement, to other public agencies.
The portion of real property referred to above and made subject to said easement by this grant is
situated in the City of Encinitas, County of San Diego, State of Califomia, and is particularly
described as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference.
There is reserved to the Grantor, his successors and assigns, the right and privilege to use the
above described land at any time, in any manner and for any purpose provided it does not
interfere with the right and privilege of use granted to the Grantee, its successors and assigns.
Grantor, for himself, his successors and assigns, hereby waives claim for any and all damages to
Owner's remaining property contiguous to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said easement.
~~~
Richard J. Schroeder, Grantor
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Mary L. Schroe~,Grantor
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Date
Date
Signature of Owner to be Notarized. Attach Appropriate All-Purpose Notary
Acknowledgement.
I certify on behalf ofthe City Council of the City of Encinitas, pursuant to authority conferred by
Resolution 94-1-70f said Council adopted on November 9, 1994 that the City of Encinitas accepts
the foregoing Grant of Easement granted hereon, and consents to recordation thereof by its duly
aufuorized officer. _QL ~ flL
Date:---1t I {.I D l By: ·
I f Peter Cota-Robles
Director of Engineering Services
STATE OF TEXAS
COUNTY OF BEXAR
, this 28th d~ ~fFebruary 2007 by
L ~/l)4iel.
e FIONA JENKINS
Notary Public
State of Texas
My Comm. Exp. 05-25-2010
January 16,2007
EXHIBIT' A'
LEGAL DESCRIPTION
PUBLIC UTILITY AND PEDESTRIAN EASEMENT
THE NORTHEASTERLY 5.00 FEET OF THE SOUTHWESTERLY 15.00 FEET OF THAT PORTION OF
LOT 2 (FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER) OF SECTION 22,
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 UNITED
STATES GOVERNMENT SURVEY FILED APRIL 19, 1881, DESCRIBED AS PARCEL 'A' OF
CERTIFICATE OF COMPLIANCE FILED IN THE OFFCE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY DECEMBER 27,2005 AS DOCUMENT NO. 2005-1105563 OF OFFICIAL RECORDS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY PROLONGATION OF THE
NORTH LINE OF CARDIFF VIILA TRACT, ACCORDING TO MAP THEREOF NO. 1469, FILED IN
THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1912, WITH THE
NORTHEASTERLY LINE OF COUNTY HIGHWAY COMMISSION, ROUTE 1, DIVISION 1; THENCE
NORTH 31 DEGREES 28' WEST ALONG SAID NORTHEAST LINE OF ROUTE 1 A DISTANCE OF
213.08 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT IN SAID LINE HAVING
A RADIUS OF 1275.82 FEET; THENCE NORTHWESTERLY ALONG SAID LINE AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 08 DEGREES 01' A DISTANCE OF 178.59 FEET; THENCE
CONTINUING ALONG SAID NORTHEASTERLY LINE OF SAID ROUTE 1, NORTH 23 DEGREES 27'
WEST, 932.80 FEET TO THE TRUE POINT OF BEGINNING, BEING THE MOST WESTERLY
CORNER OF A PARCEL OF LAND CONVEYED TO ARMIN PETY AN, A SINGLE MAN, BY DEED
DATED JUNE 6,1945, AND RECORDED IN BOOK 1899, PAGE 238 OF OFFICIAL RECORDS;
THENCE NORTH 66 DEGREES 48' EAST ALONG THE NORTHWESTERLY LINE OF THE LAND
CONVEYED TO PETY AN, 210.04 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE
SOUTHEASTERL Y ALONG THE NORTHEASTERLY LINE OF SAID PETY AN'S LAND 70 FEET;
THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT IN SAID NORTHEASTERLY LINE
OF SAID ROUTE 1 , DISTANT THEREON SOUTH 23 DEGREES 27' EAST 70 FEET FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 23 DEGREES 27' WEST ALONG SAID ROUTE 1, 70 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY 160.00 FEET
THEREOF.
CONTAINS 350 SQUARE FEET MORE OR LESS.
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