2001-885445Recording Requested By:
City of Encinitas
When Recorded Mail to:
city Clerk
City of Eneinitas
505 South Vulcan Avenue
EncJnitas, CA 92024
10519
FOR THE BENEFIT OF THE CITY
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)SPACE AE
Assessor's Parcel No.
257-040-45
DEC 04,
2001-0885445
2001 1:06 PM
EASEMENT FOR CITY HIGItWAY
DOCUMENTARY TRANSFER TAX $ --
Project No. 00-204 DR/CDP/EIA
W.O. No. 7054-GR
CARLT .A. S COMPANY, A CALIFORNIA LIMITED PARTNERSHIP
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas,
State of Califomi_ 'a, hereinafter call~c} GRANTEE, thc _ri _g~. t of way and incidents thereto £9r _a public
highway upon, over and across that certain real property in the City of Encinitas, County of San
D?go, State of California, described as follows:
SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and dght to
extend drainage structures and excavation mqd embankment slopes beyond the limits of the herein
described right-of-way where required tbr the construction and maintenance of said CITY kighway.
Reserving unto the GRANTOR of the above described pamel of land, his successors or assi~s, the
right to eliminate such slopes and/or drainage structures or portions thereof, when in the written
opinion ,pr the City Engineer of Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such substitution is first approved in writing
by the City Engineer.
grant.hwy 00-204 oantebria 1 .
10520
The Grantor hereby further the Grantee all trees, growths, (gr~ng or that may homaner
grow) and road building materials within said right-of-way, including tim right to take water,
together with the right to use the same in such a manner taxi at such locations as said Grantee may
deem proper, ncedfuI, or necessary, in the construcfioi~, reconstruction, improvement, or
maintenance of said highway.
Thc Grantor, for himself, his successors and assigns, hereby waives any claim for any and all
dmnages to Grantor's remairfing property contiguous to the right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
Dated this o~"/-}4q day of./'f0¢ , 2001
GRANTOR/OWNER:
CARLTAS COMPANY, a California limited partnership
By: Carltas ~aff/~gement/'d ~alifomia corporation
Dwners to bo notarized.
~mturo of,
Attach the appropriate acknowledgments .
This is to certify that the interest in real property conveyed by deed or grant to the City of
Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the
City Council of the City of Encinitas pursuant to authority contbrred by Resolution of the City
Council of the City of Eneinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: /d~'~///
7
Lcroy Bodas
Director of Engineer'mg Services
City of Encinitas
grant.hwy 00-204 cantebria 2
1 $21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~
County of ~¢{r~ L~le3O ~ ss.
O. [~I;L-//O' ,beforeme, ~O0;Cq~.~rO0~i~ ~bl{C .
personally appeared ~C'~ [~O~ ~. Co~ ~'t ~ ~
~ersonally known to me
~ proved to me on the basis of ~tiCac~
evidence
to be the person(~) whose name~) is~.'e
subscribed to the within Instrumem and
acknowledged to me that he/eh~xecuted
the same in his/he.t-heir authorized
capacity(~), and that by his,~her~b~
signature(-~) on the instrument the persort(s'), or
the entity upon behalf of which the person(,~)
acted, executed the instrument,
WITNESS my hand and official seal.
....
OPTIONAL ...........
Though the information below is not required by law, it may prove valuable to pemons relying on the document
end could prevent fraudulent removal and resttschment of this form fo another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: ............
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual
EJ Corporate Officer -- Title(s): ......................
[] Partner-- ~ Limited [] General
I J Attorney in Fact
[] Trustee
[] Guardian or Conservator
I I Other:
Signer Is Representing:
, of (hurnb here
EXHIBIT A
VIA CANTEBRIA DEDICATION
THAT PORTION OF LOT 44, OF AMENDED MAP OF CITY OF ENCINITAS MAP NO. 13258,
CITY OF ENClNITAS TRACT NO. 94-066, UNITS I, II AND III, IN THE CITY OF ENClNITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
13333, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 3, 1996 AND AS PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 44, SAID CORNER ALSO
BEING A POINT ON THE EASTERLY LINE OF VIA CANTEBRIA AND THE TRUE POINT OF
BEGINNING; SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY WITH
RADIUS OF 713.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 46°15' 34"
WEST; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE OF VIA CANTEBRIA
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 10°27'40" AN ARC DISTANCE OF
130.18 FEET TO A POINT, THE RADIAL LINE TO SAID POINT BEARS NORTH 56D43'14"
WEST; THENCE LEAVING SAID EASTERLY LINE OF VIA CANTEBRIA, SOUTH 56°43'14"
EAST A DISTANCE OF 5.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 708.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A. CENTRAL ANGLE OF 10° 28'31" AN ARC DISTANCE
OF 129.44 FEET; TO A POINT ON THE NORTHERLY LINE OF SAID LOT 44, THE RADIAL
LINE TO SAID POINT BEARS NORTH 46014'43" WEST: THENCE ALONG SAID
NORTHERLY LINE, NORTH 48°15' 55" WEST A DISTANCE OF 5.00 FEET TO THE TRUE
POINT OF BEGINNING
THE DESCRIBED AREA CONTAINS 0,01 ACRES OR 649,06 SQUARE FEET MORE OR
LESS,
PRE R~ND~RVISIONOF:
ARYZ S RC 080 EXP,RES 12 31 01
/ ,
/
40 t 0 ~ 80
PROPERTY LINE ' - ~ - -
GARY SKA R~ ~3080 EXPIRES l~/~l
9RAIN Dym LIPSKA PROJECT SHT, NAHE SHT, NO,
~., ii/~o/oi CANTEBRIA SENIORS EXHIBIT
APARTMENTS
~, N~,, DEDICATION of
A~P~=~ ~, 00-204 VIA CANTEBRIA 1