2008-185686
, . . DOC# 2008-01 85686
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Recording Requested By: ) APR 08, 2008 3:56 PM
~ ) OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNT!' RECORDER'S OFFICE
) GREGOR'( J SMITH. COUNTY RECORDEFi
v{\lr--' When Recorded, Mail To: ) FEES 0.00
DC NA
q{Y City Clerk ) PAGES: 6
City of Encinitas )
505 South Vulcan Avenue ) 11111111111111111111111111111111111111111I1111I111111111I1111I111111111I11111111
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY )
)
SPACE ABOVE FOR RECORDER'S USE ONL Y
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EASEMENT FOR CITY HIGHWAY
DOCUMENTARY TRANSFER lAX $
Project No: Omsted
W.O. No.:0819-1
~
Assessor's Parcel No. 254-181-06 J
Donald F. Omsted and Anne C. Omsted. as Trustees of the Omstead Familv Trust under
instrument dated February 28. 1990
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" "B" AND "C" ATTACHED HERETO AND MADE A PART HEREOF
BY THIS REFERENCE,
Cov819-1
r'
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
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.
Dated this
J~
day of F.A.. b 20~ P
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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 R?Ji' t-of-Wa~ edication and consents
to recordation thereof by its duly authorized officer.
Date: U 1/1 /06 By: -
, I Peter Cota-Robles
Director of Engineering Services/City
Engineer
Cov819-1
...
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
}ss.
County of
San Diego
On this the
13th February 2008 , before me, Linda M. Lemon, Notary Public
Date
Name and Title of Officer (e.g., "Jane Doe, Notary Public')
personally appeared
Donald F. Omsted and Anne C. Omsted
Name(s) of Signer(s)
~""""""""""""""""""-""""I
@ LINDA M. LEMON
Commission # 1544458
~ .. Notary Public - California!
~ SOn Diego County ~
My Conm. E>q:i'es Jcr\ 14. zm
.......___________......._____..........tJ
who proved to me on the basis of satisfactory evidence to
be the perso~ whose nam~ is.@subscribed to the
within instrument and acknow~d to me that he/sh~
executed the same ~h~uthorized capacit@J:>
and that by hislh~signatur~n the instrument the
perso~ or the entity upon behalf of which the perso~
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
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: Easement for City Highway
Document Date: 13 February 2008
Signer(s) Other Than Named Above: Peter Cota-Robles
Capacity(les) Claimed by Slgner(s)
Signer's Name: Donald F. Omsted
~ Individual
D Corporate Officer - Title(s):
Number of Pages: 5
Signer's Name: Anne C. Omsted
[ij Individual
o Corporate Officer - Title(s):
o Partner - D Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
D Partner - D Limited 0 General
DAttomey in Fact Top ofthumb here
o Trustee
OGuardian or Conservator
o Other:
.
Top of thumb here
Signer is Representing:
self
Signer is Representing:
self
REVISED 01/08
EXHIBIT" A"
APN: 254-181-06-00
The land referred to is situated in the County of San Diego, City of Encinitas, State
of California, and is described as follows:
The Westerly 24.00 feet of the Northerly 90.00 feet of the Westerly 200.00 feet of
the Southerly 180.00 feet (measured along the Westerly and Southerly lines) of
that portion of the Southwest Quarter of the Northwest Quarter of the Northwest
Quarter of Section 3, Township 13 South, Range 4 West, San Bernardino Base
Meridian, according to United States Government Survey approved April 19, 1881.
9'~F
Joseph Yuhas L.S. 5211
3 -c,-og
Date
See attached Exhibits "B" & "C"
EXHIBIT "B"
24' lBJlCA TICI/
PER PM 369
PARCEL2 PM369
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APN: 254-181-05
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N'LY 90' OP 7JlB FLY 200'
OP7JlB S'LY lBO' OP
SW Y4 OP7JlBNW Y4
SBC. 3, T.S. 13 SOVTH,
RANGB 4 ~ S.B.B.M.
APN: 254-181-06
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--
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APN: 254-181-07
W~. .~ IflJlCATES MEA TO BE lBJlCATED
TO TI-E CITY CF OCINITAS
SEE A TTAOED EXHIBIT "CM FeR EASEH:NTS
SCALE: 1M=20'
EXHIBIT "e"
EASEMENTS
~ EASEMENT GRANTED TO SAN DIEGUITO IRRIGA TION
DISTRICT FOR PIPE LINES PER DOC. REC. AUG. 22, 1925
IN BK. H22, PG. 104
(LOCA TION CANNOT BE DETERMINED BY RECORD)
rnl EASEMENT GRANTED TO SDG&E FOR PUBLIC
UTILITIES REC. MARCH 18, 1947, BK. 2365, PG. 157
(NO WIDTH SPECIFIED)
[g 10' EASEMENT GRANTED TO LEUCADIA COUNTY
WA TER DISTRICT FOR PIPE LINES REC. JUNE 12, 1969
O.R., INSTRUMENT NO. 104234
[ill 30' 1.0.0. FOR PUBLIC HIGHWAY PER DOC. REC.
AUG. 15, 1969 O.R., INSTRLMENT NO. 150124
[g] 30' EASEMENT FOR ROAD AND PUBLIC UTILITY
PURPOSES REC. SEP. 3, 1969 O.R., INSTRUMENT NO. 161437
If] 40' EASEMENT GRANTED TO BA TLET ENTERPRISES INC.
FOR ROAD PURPOSES PER DOC. REC. MA Y 17, 1982 O.R.,
INSTRUMENT NO. 82-147150