2008-458006
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DOC # 2008-0458006
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City of Encinitas
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AUG 26, 2008
3:58 PM
Recording Requested By:
o FFI CI.il.L R E co R D ':;
':;'6,N DIEC,O CDUt'JT'( RECDRDEF:":; OFFICE
C,REC,OR'(' ,J SMITH, COUNT'( RECDF:DEF,
FEES 000
oe t'JA
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
PAGES: 8
IIWWUIWUWWWWWWUllil
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE
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q\7-i APN: 256-121-18-00 j
V DOCUMENTARVTRANSFERTAXI tJ
EASEMENT FOR CITY HIGHWAY
BP08-304
07-126 MIN/CDP
MICHAEL D. MOSUNIC AND KELLY MOSUNIC, HUSBAND AND WIFE AS JOINT
TENANTS, hereinafter called GRANTOR(S), are the owners of the real land as described
in Exhibit "A" and do(es) hereby grant, convey and dedicate in consideration of the
approval of building permit application 08-304, 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 "B" and "C" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) 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 the 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 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.
The Grantor hereby further grants to the 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 a 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/herself, his/her 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
\q
day of
MVtj
,2008
~~
Michael D. Mosunic
Owner
!~iC rvw~VLJ(J
Owner
Signature of "Owner" to be notarized.
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 conferred by
Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and
the grantee consents to recordation thereof by its duly authorized officer.
rf!L 01. Dt-
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
J?~ c2S; 2008
Date
April 23, 2008
EXHIBIT' A'
LEGAL DESCRIPTION
THAT PORTION OF LOT 10 IN BLOCK 2 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 29, 1924
LYING EASTERL Y OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT DISTANT ALONG SAID LINE
NORTH 89052'30" EAST, 146.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT;
THENCE NORTH 02033'00" EAST, 120.13 FEET TO A POINT IN THE NORTHERL Y LINE OF SAID
LOT DISTANT ALONG SAID LINE NORTH 89052'30" EAST, 143.35 FEET FROM THE
NORTHWESTERL Y CORNER OF SAID LOT.
April 23, 2008
EXHIBIT 'B'
LEGAL DESCRIPTION
STREET DEDICATION
THE EASTERLY 7.00 FEET OF THAT PORTION OF LOT 10 IN BLOCK 2 OF AVOCADO ACRES, IN
THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY APRIL 29, 1924 LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT DISTANT ALONG SAID LINE
NORTH 89052'30" EAST, 146.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT;
THENCE NORTH 02033'00" EAST, 120.13 FEET TO A POINT IN THE NORTHERLY LINE OF SAID
LOT DISTANT ALONG SAID LINE NORTH 89052'30" EAST, 143.35 FEET FROM THE
NORTHWESTERL Y CORNER OF SAID LOT.
CONTAINS 849 SQUARE FEET MORE OR LESS.
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State of California
Countyof-2an ~
On f21tUj /9/ VJ{J8 before me7?~/I a. ~(:5!!:!:::e ~~!offiCf6L/ C
personallyappearedMICh'fl,G""L- ttrld /( Ed-V AlO.5VIt/IC
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i@bscribed to
the within instrument and acknowledged Xe that he/sh~executed the same in his/h~;V
authorized capacity(ies), and that by his/he~ignature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
r~ waO~.G...wcu1
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5ignatu~~ ~~t~
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(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
La form(s) of identification a credible witness(es)
containing
pages, and dated
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
Title(s)
D
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
(Q Copyright 2007 Notary Rotary, Inc 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com
Consent of Lienholder
Mortqaqe Electronic Reqistration Systems, Inc., ("Lienholder"), hereby consents
to the grant of the foregoing Easement for City Hiqhway by Michael and Kelly
Mosunic, husband and wife as ioint tenants, to The City of Encinitas. CA, and,
joins in the execution hereof solely as Lienholder and hereby does agree that in
the event of the foreclosure of said mortgage, or other sale of said property
described in said mortgage under judicial or non-judicial proceedings, the same
shall be sold subject to said Easement for City Hiqhway.
~
SIGNED AND EXECUTED this If day of f}Li. ~ lA~'7--
,2008.
Mortgage Electronic Registration
Systems, Inc.
By: t('fJ'/M ~ -h~
Lorna L. Slaughter .
Vice President
STATE of MARYLAND
COUNTY OF FREDERICK
.J,
On this -LL day of ,/:.IoU r., (month), 2008, before me, the
undersigned officer, personal y appeared Lorna L. Slauahter, who acknowledged
herself to be the Vice President of Mortaaae Electronic Reaistration Systems.
Inc., a corporation, and that she, as such Vice President, being authorized to do
so, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation by herself as Vice President.
In witness whereof I hereunto set my hand and official seal.
1~~~
Nan . Francella: Notary Public
My Commission expires ~ - 0 I - ;Z D II
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My Comm. fJjl. 03/01/2011
State of California
County of jM1 /)Lit
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On tJa; ~ ~ ~()() tt
personally appeared f?E--TU( C t) 77/-
before me -=?A7U,o)1l (J. ,t( /t,t.JIJt:J,t>, ,()(Yllf1C 1 jJtJ8?1 C
, ,
(here insert name and title of the officer)
7d(3L-C5
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~re subscribed to
the within instrument and acknowledged to me that@he/they executed the same in ~er/their
authorized capacity(ies), and that b@er/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
ffI.r' · '~~'~.....&.uou.rW4~
Commlsslon .,701H4
Notify Pubfk .
, Sift DIeto Ceunty
Nr Exp. JIft. It 2011
Signature ;;; ~ '1 (}j,-<:Ltj ~
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
LO form(s) of identification 0 credible witness(es)
containing
pages, and dated
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
TItlels)
D
o Guardian/Conservator
o Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
~ Copyright 2007 Notary Rotary. Inc. 925 29th St" Des Moines, IA 50312-3612 Form ACK03. 10/07. To fe-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www_notaryrotary_com