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2006-52867 ~ .." \ ., e DIU # 2006-0052867 /' ~ Recording Requested By: ) 111111111111 111111111111111111111111111111111111111111111111111111 ~~ ) City ofEncinitas ) JAN 24, 2006 3:06 PM ) OFFICIAL RECORDS ~f When Recorded Mail to: ) SAN DIEGO COUNTY RECORDER'S OFFICE City Clerk ) GREGORY J SMITH, COUNT! RECORDER ,0;1' ~ FEES: 0.00 City ofEncinitas ) 0c: NA 505 South Vulcan Avenue ) PAGES 5 Encinitas, CA 92024 ) 111111111111111111111111111111I11111111111111111111111I11111II111 ) FOR THE BENEFIT OF THE CITY ) )SPACE ABOVE FOR RECORDER'S USE ONLY ~ ? 1 )-'~ h EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 260-072-35 Project No.: CDP 05-044 W.O. No.: 9561-1 303 SANTA FE DRNE PROPERTIES. LLC. A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City ifEncini~ 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. grant.hwy 4-16-1999 jIr 1 . j 1 ' e e 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 su~h 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 .20~ MJ ~8 ~~ ~~~ ?~~/ LLC!.- OaJ.;?~ (;,,"'L. ...tJ 1IUf11t!!E Signature of Owners 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. Dated: By: Peter Cota-Robles, P.E. Director of Engineering Services City of Encinitas grant.hwy 4-16-1999 jlr 2 , 'i e e January 17,2006 EXHIBIT A LEGAL DESCRIPTION THE SOUTHERLY 12.00 FEET OF THE NORTHERLY 17.00 FEET OF THE WESTERLY 120 FEET OF THE EASTERLY 320 FEET OF ALL THAT PORTION OF LOT 1 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 3, 1929, AND AS SHOWN ON RECORD OF SURVEY FILED FOR THE PURPOSE OF CORRECTING ERRORS IN THE ORIGINAL MAP BEING RECORD OF SURVEY NO. 1193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 20, 1945, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT, DISTANT TIlEREON NORTH 26028'40" WEST 213.0 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 1, BEING THE NORTHWESTERLY CORNER OF LAND CONVEYED TO PEAR GRACE LONG BY DEED DATED FEBRUARY 14, 1926 RECORDED IN BOOK 2054, PAGE 498 OF OFFICIAL RECORDS; THENCE NORTH 85022' 10" EAST ALONG THE NORTHERL Y LINE OF SAID LONG'S LAND, 425.54 FEET TO THE EASTERLY LINE OF SAID LOT 1. CONTAINS 1,463 SQUARE FEET MORE OR LESS. \5 R/W S 'JJ \0. Ci ~~ W"t \1 s.~0 y.~'JJ \1 / r 3 \.'0:'0 . ...J.....l--\. ~. 0) tn \Pl o.'l 8 ...J.. ~ 'T \. ~ CIJ e e ~ EXHIBIT 'EJ' STREET DEDICA nON ~ 1 "=20' ~ I II I 0 10 20 40 SANTA - r;; f- DRIVE 121.911'_ L 42' 1_ 42' -- 5.fX)' 121.90' \ ~\ €5 ~\ 81} z tn 0 :::i -~'JJ ~ .v ~ ,..... \1-<r t:l:x:S ~, ~tn ~ o.'l8...J.. - :x: I ...... CIJ N89'5t3O"f 12' WIDE STREET DE/JCATKII flWITED TO TIE QTY fF ENCIITAS HERftJI. POR La] -J RJDGEWA Y J-JJEG1-nS MAP 2-J 63 DATA TABLE No. SCARING LENGTH L1 NI010'o(lw 5.08' L2 NI010'OO"W 5.08' APN~ 260~012~35 -- ~--~ 120.56' - - NB5i2'1ttt - --- KEYNOTES: (j) fXJS11NG 5.00' .. WBENT GRANTED TO TIE caJNTY fF SAN lIfGO RR caMTY IfQIWA Y PlIlPOSES RfcamJ APRIL 2Z 1955 IN EKa 5616. PA~ 307, AS IXX1IENT paR La] -J NO. ~ (T fIfIQAL RfCfllDS. RJDGEWA Y HJEGH1S !vJAP 2163 \ \ \ \ .~ SAMPO ENGINEERING, INC. 1 NOTE: 1XJ.JI)ARY DATA CN..CtJLATED PER MAP NO. 2163 AND DfED . RIcamJ FEIJRlJARY 27, 2fXJ2. AS OOCUIJENT NO. 2002-0176794, fF fIfIQAL RECfIlDS. 1EL: (760) 436-0660 FAX: (760) 4.16-0659 IN. 05-"2 0dkHr<I , ';' . , . ! e e ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _~' State of California }ss. I, I 'I 'I . ~ On \bt'~m kr Z ',toeS; before me, ~12.-tBg)t GIEYl fA€- ~u ~( t' Date Name and Title of Officer (e.g., "JanJ Doe, Notary Public") I personally appeared G'. \ ex. , ~ (let..d~ 4 . M t) ~ Nlme(s) of Signer(s) ~personally known to me -Ll rrn\l9d ts r:R8 SR the 9aii€ sf €itiif"'l'tnry ~ .e.\lideflce County of s~ VI~~ I I' to be the personoo. whose name~ ~ subscribed to the within instrument and acknowledged to me th~~tt).8V executed the same in @l)eI!t~ authorized capacity(~ and. that by ~~~ signature~on the instrument the person(~or the entity upon behalf of which the person~ acted, executed the instrument. I .1 ELIZABETH ETIENNE COMM. .1620196 I NOTMf....uc · CALIFORNIA lS SAN DIEGO COUNTY .. Comm. Exp. DEC. 5. 2009 r I I' Place Notary Seal Above I' I I ~, 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. ] I 1 . ~ Description of Attached Document Title or Type of Document: ~~.. Document Date: '::b~ C 2, I 2... O~ s:- !="t; 2- C!-I Ttf /'kd.h uJ-a--l 1 Number of Pages: 3 I, ~ I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER (, Top of thumb here 'I 'I I I' I Signer Is Representing: e 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 . www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827