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2009-251157 DOC # 2009-0261 157 I IIIIII~ 111111111111111111111111111111111111111111111111111111 IN IN Recording Requested By: MAY 12, 2009 3:20 PM OFFICIAL RECORD` City of Encini : J t r ) AN DIEGO COUNT`r' RECORDER'' OFFICE y Encinitas ) DA'~iID L. BUTLER: LOUNTY RECORDER L x FEES. 0 00 When Recorded Mail to:) 0c NA PAGES: 8 City Clerk ) City of Encinitas 505 South Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE EASEMENT FOR CITY HIGHWAY Assessor's Parcel No: Bldg. Permit: 259-271-14-00 V 07-1715 ~R rr ERIC S. REINDEL, AN UNMARRIED MAN hereinafter called GRANTOR(S), is the owner of real property which is described as follows: SEE EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, do(es) hereby grant, convey and dedicate in consideration of the approval of building permit application 07-1715, 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 2Y day of Anr%V , 2009 .5• Eric S. Reindel 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 he grantee consents t recordation thereof by its duly authorized officer. ~n Peter Cota-Robles Date( Director of Engineering Services City of Encinitas I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <-rcr.~.c^~,e~~~-v~~~~rM.O~'G'~'4Y`.E-i^,~c`~v^.crt=F,~ ~orc~r~-o~~-•tv~•~-~c - err=c.c~.~ .c~~f',crc~C.~=rrt.ct^,c~•c~.c~.C~.cC.E~I State of California County of .!lei On 'I ~U~ before me,~ 14 ~r /"/~7~cJ,e, X)e) ~7 I Date Here Insert Name and Title of the Officer personally appeared / COTl~- ~(//~,L~ S Name(s) of Signer(s) who proved to me on the basis of tisfactory evidence to be the person(s) whose name( is re subscribed to the n instrument and ackno ed to me that he/ a/they executed the i hiss er/their authorized capacity(ies), and that by s r/t eir signature(s) on the instrument the person(s), or the entity upon behalf of ItM~A G. MIUU i which the person(s) acted, executed the instrument. •tc I certify under PENALTY OF PERJURY under the laws San 01W Ce~ty_-, y my Ev*, kiln.. 0, 2011 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 6 n 1-4 Place Notary Seal Above Si ure of Notaryub is OPTIONAL Q 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General _ _ iok El Attorney in Fact • El Attorney in Fact • MIN ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Consent of Lien Holder Wells Fargo Bank, N.A., ("Lien Holder"), hereby consents to the grant of the foregoing grant of Easement for City Highway by Eric S. Reindel, and unmarried man to The City of Encinitas, CA, and, joins in the execution hereof solely as Lien Holder 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 Highway. SIGNED AND EXECUTED this 16thday of February, 2009. Wells Fargo Bank, N.A. By: AW ~Ir~o Lorna L. Slaughter, Vd e President STATE of Maryland COUNTY of Washington BEFORE ME, the undersigned authority, on this day personally appeared Lorna L. Slaughter, Vice President, of Wells Fargo Bank, N.A., known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 16th day of February, 2009. Notary Public St aryland Sandi Plummer My commission expires: 8-29-2009 II ACKNOWLEDGMENT State of California County of _ &a4 [AE 60 ) On P {Pe4 L Z4.100 I before me, _ t, KA l~ ► _j~ Lt'c (insert name and title of the officer) personally appeared C~i( C- -ILE1 to )D EL who proved to me on the basis of satisfactory evidence to be the pers on(s) whose name(s) is/are subscribed to the within instrument and acknowledged to m e that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pers on(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. L. M. CODOCK convnWslo„ # 1615760 WITNESS my hand nd official seal. Nokryft -C4Nonfio Son DlWCa<MMY My Conxn. Eyou 0023.2004 Signature nU►'~-~ (Seal) tC- EXHIBIT "A" LEGAL DESCRIPTION THE NORTHERLY ONE-HALF OF LOT 14 OF BLOCK "M" OF AVOCADO ACRES NO. 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 7, 1928. ~``!~0 LANG SU F ~~c< c, L ES ~J v ` tiC 09 C/ 4 ZZ D m SEAN C. ENG T, L.S. 7959 DATE L.S. 7959 COASTAL LAND SOLUTIONS Exp. 3-31-i~t of riAL EXHIBIT "B" LEGAL DESCRIPTION THE EASTERLY 8 FEET OF THE NORTHERLY ONE-HALF OF LOT 14 OF BLOCK "M" OF AVOCADO ACRES NO. 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 7, 1928. CONTAINS 500 SQUARE FEET MORE OR LESS. LAND SU L ES F ~~s ~ tic °9 G ZZ m SEAN C. ENGL T, L.S. 7959 DATE L.S. 7959 COASTAL LAND SOLUTIONS Exp. 3-31-1 X~ q~ OF caL E3CM- rr licit M LLJ CO IL m W N 404 0 40412 Cc z I rw- a za Lu 2: N89 °27 ' 52 " W 145.85' mm. m. dO4 94 a,- 0 O 0 M WE W MMM 0 O L(7 ° ° Ln lOo Lei LI o Cu Cu Lr W L@a w LD ° °]~°79 404 w p Co N89°27'52"W 145.85' o Ln o o Ln I O 00 N ° 0 R. IOU 94 N o ~ I Z Z LD LD N89°27'52"W 145.85' I IOUJ L 490 I 20' 20' Ln w Q U cn ® INDICATES PROPOSED 8' ROAD DEDICATION AREA = 500 SQUARE FEET LANO L ES F~ Fro \ COASTAL LAND SOLUTIONS, INC. v mm 9 L 573 SECOND STREET G 21 09 `n L. S. 7959 ENCINITAS, CA 92024 Exp. 3-31-10 FAX (760) 76) 230-6025 230-6026 SEAN 7959 GLERT DA YE 102F CA~ZF CLS#810