2007-380514
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Recording Requested By:
DOC # 2007-0380514
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FOR THE BENEFIT OF THE CITY
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)SPACE ABOVE FOR RECORDER'S USE ONLY
City of Encinitas
,J IJ r",J ()5" 2007 4 12 F'H
OFFICI.6,L RECOFiD':;
':;,6JJ DIECiO cour'n',' REDJFiDEFi":; OFFICE
CiFiECiOFi'/ ,.I ~:;t...iITH cou~n--,' FiECOFiDEF:
FEE'; CIOO
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When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
II111I1111111111111111111111111I1111111111111111111111II111111111111111111111111
DRAINAGE AND PEDESTRIAN ACCESS EASEMENT
DOCUMENTARY TRANSFER TAX $
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Assessor's fJrce1Nos.
258-280-01,03
Project No.: CMS06C
SAN DIEGUITO UNION HIGH SCHOOL, hereinafter designated Grantors do hereby
grant, bargain, convey and release for valuable consideration unto the City of
Encinitas, herein designated Grantee, its successors and assigns, a perpetual'
easement and right-of-way upon, through, under, over and across the hereinafter
described real property for the installation, construction, maintenance, repair,
replacement, reconstruction and inspection of a public sidewalk which includes,
without limitation, use by members of the public to walk, jog, run, and operate non-
motorized bicycles on, and a public storm drain, and all structures incidental thereto,
and for the flowage of any waters in, over, under, upon or through said storm drain,
together with the perpetual right to remove trees, bushes, undergrowth, and any
other obstruction interfering with the use of said easement and right-of-way by the
Grantee, its successors or assigns. To have and to hold said easement and right-of-
way unto itself and unto its successors and assigns forever together with the right to
convey said easement, or any portion of said easement, to other public agencies.
The real property referred to herein above and made subject to said easement and
right-of-way by this grant is situated in the City of Encinitas, County of San Diego,
State of California, and is particularly described as follows:
SEE EXHIBIT A AND EXHIBIT B ATTACHED HERETO AND MADE A
PART HEREOF BY THIS REFERENCE,
The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above-described works of improvement.
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There is reserved to the Grantor, his successors and assigns, the right and privilege
to use the above described land of the Grantor at any time, in any manner and for
any purpose not inconsistent with the full use and enjoyment by the Grantee, its
successors and assigns, of the rights and privileges herein granted.
Dated this
J~~
,2007.
May
day of
Grantor:
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution No. 94-107 of said Council adopted on November 9, 1994
that the City of Encinitas accepts and consents to the making of the foregoing
DRAINAGE AND PEDESTRIAN EASEMENT Dedication and consents to recordation
thereof by its duly authorized officer.
Date: ..s- /:J..S- /() ~
(;! OkItL--
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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EXHIBIT A
THOSE PORTIONS OF THE NORTH HALF AND THE SOUTH HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, S.B.M.,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
RECORD OF SURVEY NO. 17471, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 19, 2002 AS FILE NO. 2002-0608573 OF OFFICIAL RECORDS. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A':
BEING THAT PORTION OF SAID NORTH HALF, LYING WESTERLY OF THE WESTERLY RIGHT OF
WAY OF BONITA DRIVE, AND LYING EASTERLY AND SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE; COMMENCING AT THE INTERSECTION OF SAID WESTERLY RIGHT OF WAY
OF BONITA DRIVE, A VARIABLE WIDTH PUBLIC ROAD AND THE SOUTHERLY RIGHT OF WAY OF
MELBA ROAD, A VARIABLE WIDTH PUBLIC ROAD; THENCE ALONG SAID SOUTHERLY RIGHT OF
WAY OF MELBA ROAD, NORTH 89029'40. WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY, SOUTH 01033'54" WEST, 331.18 FEET;
THENCE NORTH 88026'06" WEST, 6.00 FEET; THENCE SOUTH 01033'54" WEST, 285.00 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID NORTHERLY HALF, SAID SOUTHERLY LINE BEING
THE NORTHERLY LINE OF SAID SOUTH HALF, SAID POINT ALSO BEING POINT 'A' OF THESE
DESCRIPTIONS.
CONTAINING 0.18 ACRES, MORE OR LESS.
PARCEL 'B':
BEING THAT PORTION OF SAID SOUTH HALF, LYING WESTERLY OF THE WESTERLY RIGHT OF
WAY OF BONITA DRIVE, AND LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE;
COMMENCING AT POINT 'A' OF THE HEREINABOVE DESCRIBED PARCEL 'A'; THENCE LEAVING
SAID NORTHERLY LINE OF SAID SOUTH HALF, SOUTH 01033'54" WEST, 599.76 FEET TO A POINT
ON THE ARC OF A 20 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH
BEARS SOUTH 09058'19" EAST, SAID 20 FOOT RADIUS CURVE BEING A RIGHT OF WAY LINE AS
DESCRIBED IN PARCEL 'B' OF THAT CERTAIN DEED RECORDED OCTOBER 16,1967 AS FILE NO.
159930, SAID POINT ALSO BEING THE TERMINUS OF THE HEREIN DESCRIBED LINE.
CONTAINING 0.22 ACRES, MORE OR LESS.
SCALE: 1 "
.'
= 200'
EXHIBIT B
(N89029'40"W 1342.23' ROS 17471)
N89029'40"W 1342.27' g
t MELBA _ -.1
ROAD
N.E. COR. . S.E. 1/4
SEC 15 T13S R4W
PER ROS 17471
S'L Y R/W MELBA ROAD
T.P.O.B.
POFiTjOJ\}
J\}OFiT}-j }-jj\LF PARCEL 'A'
r'Jr j/4 OF r'J r-' j/4 O. 18 ACRES ~
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A.P.N.: 258-280-01 "-If'...
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A.P.N.: 258-280-03 PARCEL 'B' ;,. .-
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LINE DATA
NO. BEARING
L 1 N89029'40"W
L2 S01033'54"W
L3 N88026'06"W
L4 S01033'54"W
L5 S01033'54"W
JOB NO. 0609
DISTANCE
10.00'
331. 18 I
6.00'
285.00'
599.76'
S.E. COR. , S.E. 1/4
SEC 15 T13S R4W
PER ROS 17471
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HALE ENGINEERING
7910 CONVOY COURT
SAN DIEGO, CA 92111
CIVIL ENGINEERING SURVEYING LAND PLANNING
(858) 715-1420
(858) 715-1424 FAX
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Number of Pages:-' ....
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of
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of Mti~faGtol ~
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to be the person{$5 whose name~ is/a1'e"
subscribed to the within instrument and
acknowledged to me that.fte/she/tloley executed
the same in .A+s/her/theif authorized
capacity(~ and that by l:1ts/her/tReii-
signature($) on the instrument the person~, or
the entity upon behalf of which the person~
acted, executed the instrument.
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NaIcIy N:IIIc . CaIIfomIa
Ian DIegO County
,.,eomm. EIIpRI Me>> 6. 2Dlc1
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WITNESS my hand and official seal.
1f~at!:JNot~b~
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
s- ~2--07
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
C Individual
::::J Corporate Officer - Title(s):
L J Partner - C Limited C General
D Attorney in Fact
[' Trustee
C Guardian or Conservator
n Other:
.
Top of thumb here
Signer Is Representin
@1999National Notary Association. 9350 De Sota Ave" P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnolary.org
Prod. No. 5907
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