2009-491132' DO # 2009-0491132
Recording Requested By., ) SEP 01, 2009 3:59 PM
OFFICIAL RECORDS
I City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 25.00
JTt When Recorded Mail to: OC: NA
n ! City Clerk ) PAGES: 6
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
1 SPACE ABOVE FOR RECORDER'S USE
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No: 216-030-64 Case 09-028 CDP
DOCUMENTARY TRANSFER TAX
DOMINIC J. BURTECH, JR., AND JULIE BURTECH AND THEIR SUCCESSORS, CO-
TRUSTEES OF THE BURTECH FAMILY TRUST DATED JULY 13 2005
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate for valuable
consideration 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" 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
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.
Dominic J. Burtech, Jr Date
Owner
Jul B ch Date
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 t e grantee consents o r ordation thereof by its duly authorized officer.
00
Peter Cota-Robles Date
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On ~1 27_)~ 9 before r ho' P. Arquilla, Notary Public
Date Hire Insert Name and
personally appeared
OFFICIAL SELL
ARTHUR P ARQUILLA
NOTARY PUBLIC-CALIFORNIA
COMM. No. 1628401
SAN DIEGO
MY COMM. XP. JAN. 7, 2010
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is re bscribed to the
within instrument and acknowledged to me that
he/she ey xecuted the same in his/her eir uthorized
capacity ies), and that by his/he eir J"Mbre(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 7hn and official /al. Vi i(
Place Notary Seal Above Signature Signature of otar Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyin 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
❑ Corporate Officer -Title(s): -
❑ Partner - ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
Attorney in Fact "thumb ❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
ACKNOWLEDGMENT
State of California
D1 r? ~ o )
County of -5a4,1
naa~ .3K, W09 before m,Y .A /4,L~y2, /3L7FW7 C
(insert name and title of the officer)
personally appeared rE'7Eoe 4~-07W -
who proved to me on the basis of satisfactory evidence to be the p on(s) whose name( is/ re
subscribed to the within instrument and acknowled d to me tha he he/they executed the same in
is/ r/their authorized capacity(ies), and that b his/ er/their signature(s) on the instrument the
E9person(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.
I-IV
Signature (Seal)
RAIOA G. MNWOUR
O~M~Ot>hMi~
flle
EXHIBIT "A"
ROAD DEDICATION (LA COSTA AVE.)
SHEET 1 OF 1
THAT PORTION OF LOTS 7 AND 8 IN SECTION 33, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AND
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7, BEING A POINT IN
THE CENTERLINE OF LA COSTA AVENUE AS SHOWN ON ROAD SURVEY NO.
346, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO
COUNTY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 89°24'01" WEST ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF
51.09 FEET; THENCE NORTH 00°55' 54" WEST A DISTANCE OF 8.05 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY WITH A RADIUS OF
1192.00 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 11 °36' 29"
WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°28'
48", AN ARC DISTANCE OF 197.22 FEET; THENCE SOUTH 00°55' 01" EAST A
DISTANCE OF 33.66 FEET; THENCE NORTH 89°24' 01" WEST A DISTANCE OF
144.92 FEET TO THE TRUE POINT OF BEGINNING.
THE DESCRIBED AREA CONTAINS 0.11 ACRES OR 4622.23 SQUARE FEET MORE
OR LESS.
THE-SUPERVISION OF:
/ t- DATE I( C j
EXPIRES 12/31109
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DATE, 08/20/09
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APPROVED BY,
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BURTECH RESIDENCE EXHIBIT "B "
CASE NO. 09-028 CDP PLAT TO ACCOMPANY A of
LEGAL DESCRIPTION 1
LEGEND
RIGHT OF WAY DEDICATION
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