HomeMy WebLinkAbout; SAN DIEGUITO UNION HIGH SCHOOL DIST.; 87-683783: Quitclaim Deed' ' y RECORDING REQUESTED , . 9, KC^RCE> -p,?JpBT aF FIT6 $T,Jrn!iy$ E Z2"
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City Clerk, City of Carlsbad
AND WHEN RECORDED MAIL TO r NAME CITY OF CARLSBAD 11 ATTENTION: CITY CLERK ADDRESS 1200 ELM AVENUE
CITY &
STATE L CARLSBAD, CA 920'08
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MAIL TAX STATEMENTS TO r 1
NAME
ADDRESS Same as above
CITY & STATE j
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, -: .. ; O:~.I?~:TED 9l\i FULL. VALUE LESS
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Signature of declarant 9; agent determining A 0 Unlncorporatd Area m aQ of -u
I Corporation Quitclaim Deed I
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
a corporation organized under the la\.c..s of the State of California
do es hereby remise. release and forever quitclaim to
THE CITY OF CARLSBAD, A Municipal Corporation
the following described real property in the City of Carlsbad ,
County of Sari Diego State of Cali
SEE ATTACHED EXHIBIT "A"
-
Dated- November 25 , 1 987 SAN D
BE? STATE OF CALIFORNIA,
COUNTY OF Sari Diego ___ \ ss. I On- November r ' 987 -hefore rnk. the under- _____
appeared Rodney E. Phillips, ED.D.
Projects of """ the San Dieguito, Union High
"_~_~~~~
signed, a Notary Public in and for said County and State, personally "_
known to me to be the-&KXCd.b&3r' of S@3C$Zd--- __~
SchmlDistriCt . of the corporation that executed the
within Instrument, known to me to be the persons who executed the
acknowledged to me that such corporation executed the within
within Instrument on behalf of the corporation therein named, and
instrument pursuant to its by-laws or resolution of its board of directors. 1 FOR NOTARY SEAL OR
(See Acknowledgement on next page)
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real proper1
conveyed by the deed or grant dated November 23, 1987
from San Dieguito Union High School District
to the City of Carlsbad, California, a municipal corporatic
is hereby accepted by the City Council of the City of Carl,
California pursuant to resolution No. 9311 , adopted
on December 8, 1987 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: December 9, 1987
By : m BPRRdd-
ALETHA L. RAUTENKRANZ, City)
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EXHTSET P,
T&Qf WTIW CF LGT 6 rl\: SZ2TZCf'J 34, ?;:li"S!-iIP !2 SCUTH, RKGE 4 h'EST,
egp&mD1IW BL%Sz M E3Kll3N, IN TE2 CITY OF CARkS3.43 I CBUS\ITY CF SAFd CIE
STATE CF CALIFCR.!!IA, ACCUFtDING TO :Jl\iITE3 STATES GC)kI!ZFtWT SUWVPY' THERE
rnE PAiiZh3dLA!LY DESCR13ED AS FCLLO%dS:
EEGXNNIhX3 AT TEE NDQTHEkST C27NER OF SAID GOVE!?h.$EJf L3T 6 AS SW&
fqECs,D OF SQR'JE'j' r*q.&P i.$z. 9880 I '1l-D Jfl?.l!AR:( 3 ~ ! 585 i RECCP.DS OF $$d'd 91
CQ\J>,!PY, CALIFP&~IA; ~~+~~~~ KLaJG ytiz l\\m7t-;E8i'Y i1NE &- ZAIT; G@VmW-R'T
6 I NQRTH $7"32 r 56" LEST A CZSTAVCE OF 1035.73 FEET TO Rd ANGLE F[
QIST/VYGE QF 315 ld 15 FEET TCI ftiE PKRTsPtEST CoI?IE3 T'E8E3F; TMEICE kLCYG
THEREIN; THEblCE C~YTTNLiT~ A-aG SA19 :NW?Tj-lS?iY LINE, SWTH 68'04' I 1 *' E!
bESTEFtLY LINE e? SAID rn\Irn.i\ENT LC? 6; SOUP4 00957' 12" EBSf A DISTAYCE
1 7 2 a 0% FEET TO A rOINT Oh THE SCWFER"' SI3ELINE W A 60 FYXT WI9E RIG'ri'
MAY l(NOM! A% ?A COSTA AVENUE AS SHOYN OX CO#?"\B 3 SLN i3IrG:! R5bD S$?\!EY '796-55; r;14Nc& P)t,,~~~ SAID S&JTSDI-Y SIDE',IME '-55 COcL.O%clS[tiG THREE C&F?SE:
1 . "! 72025 1 '257: 545: A '3.ISTIqk!cE F 22' o 'i 3 FEET "0 f+E BEGim:KG [
TfldYGENT i 369.95 FrnT WILIS C;JRvE CQYCAVE SCL'fsmS':mLY;
2. THENCE NCRTERLY ALSi!!G T!iE AF?C CF SAKI Cb9VE THROiM;d A CENTRAL FSLGL'
1 RD11 '59'9 p DISTAkCE Sf e35 ~ ; 6 FEE?;
3. ThENCE SWTH 89"Z' 36" EAST A DIST3NCE OF 687 -59 FEET TC A POINT CN EASTER',?/ LxRE OF SAI3 ~~Li~~+.~W~.jT LOT 5;
THENCE AtGt,iS SA12 s,STEl";i\( LZNE, h;cgTH @go37 138" i&ST A, aISJeq<CE OF fj FEET TQ THE POINT @- f3EGIrhx I[<.z ~
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o-, ' c- .' *, ' a m 1654
625 North Vulcan Avenue
Leucadia, California 92024
6191753-6491
SiUI Diepi-
Union High School I
Certificate of Acknowledgement, Public Agency -
California Civil Code, Section 11911
State of California, County of San Diego
,
On this g3/)day of '~Z~%.!.!~L'"'~~~ 5 in the year 1987
before me, the undersig 9 a notary public in and for said State,
personally appeared RODNEY E. PHILLIPS, ED.D., known to me to be the
COORDINATOR OF SPECIAL PROJECTS of the SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT, and known to me to be the person who executed the within
7
instrument on behalf of said public agency, and acknowledged to be
that such SAN DIEGUITO UNION HIGH SCHOOL DISTRICT executed the same.
Witness my hand and official seal.
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WEN RECORDED MAIL TO:
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- Citi7 c;.f Carlsbad
200 Elm Avenue
CarlSbadt CA 92008
0 81 661
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- Swce 7:hove This i,i, - _-_ a,L, . .!I ..-.. ..._ - """..-.-._" ~ ".. ~ __.__"_.,- -I__
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SUBORDINATION AGREEMENT
NOTICE: TI-IIS SUBORDINATION AGREEMENT RESULTS IN
YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AN ESTATE IN THE
REAL PROPERTY TO WIIICII YOUR SECURITY
INSTRUMENT ATTACIiES AND HAS THE POTENTIA
EFFECT OF REDUCING TIiE VALUE OF YOUR
SECURITY INTEREST.
THIS AGREEMENT, made this 10th day of Nova-nb~
by ESPOSITO DEVELOPMENT COMPANY, a California Linited Partnership
owner of the land hereinafter described and hereinafter reft
as "Owner, " and SAN DIEGUITO UNION HIGH SCHWL DISTFXCT
present owner ar
of the deed of trust and note hereinafter described and her(
referred to as "Beneficiary";
-
WITNESSETII
THAT WHEREAS, ESFQSITO PROPERTIES
did execute a deed of
September 17, 1985 I to . T.D. SERVICE COMPAN
, as trustee, coverinc
All Of Lot 6 in Section 341 Township 12 South, Range 4 \vest, sari Bernarc
meridiianf according to United States Government Survey ap-,roved October 18-75.
to secure an Agremnt for Performance da tc
20, 1985 , in favor o f SAN DIEGUITO UNION HIGH SC
recorded September 121 1986 , in book File/ page - 86-4
official Records of said county; and
WHEREAS, Owner has executed, or is about to execut
grantor, a grant of easement dated August 27, 1987
u 69
.,. ,. .I '_ 1 . . 0 J J. $59 a
' in favor of CITY OF CARLSBAD
as grantee herein referred to as "Easement Grantee," creatinc
easement more particularly described in Exhibit "A" attached
and
WHEREAS, it is a condition precedent to obtaining
easement that said grant of easement above mentioned shall u
ditionally be and remain at all times a charge upon the land
before described, prior and superior to the lien or charge o
deed of trust above mentioned; and
WHEREAS, Easement Grantee is v.rill.i.ng to accept sai
ment provided the grant of easement is a charge upon the abo
described property prior and superior to the lien or charge
deed of trust above mentioned and provided that Beneficiary
specifically and unconditionally subordinate the lien or cha
of the deed of trust above mentioned to the lien or charge c
easement created in favor of Easement Grantee: and
WEEAS, it is to the mutual bencfit of the partic
that Easement Grantee accept said easement and Ecaeficiary i
willing that the grant of easement shali, when recorded, cor
a charge upon said land which is unconditionally prior anc! c
to the lien or charge of the deed of trust abovc nentioned.
NOW, THEREFOFE, in consideration of th? mutual ber
accruing to the parties hereto and other valuable consideral
receipt and sufficiency of which consideration is hereby acl
and in order to induce Easement Grantee to accept. said easel
referred to, it is hereby declared, understood and agreed a:
follows:
(1) That said easement in favor of Easement
Grantee shall unconditionally be and renain
at all times a charge on the propzrty therei
described, prior and saperior to the lien or
charge of the deed of trust almvr: mentioned.
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4
(2) That Easement Grantee would not accept said easemt
above described without this subordination agreemc
(3) That this agreement shall be the whole and only
agreement with regard to the subordinatisn of the
lien or charge of the deed of trust above
mentioned to the easement in favor of Easement
Grantee above referred to and shall supersede
and cancel, but only insofar as would affect the
priority between the deed of trust and easement
hereinbefore specifically described, any prior
agreement as to such subordination including, but
not limited, those provisions, if any, contained
in the deed of trust above mentioned, which
provide for the subordination of the lien or charc
thereof to another interest in the real property
therein described.
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves the grant of
easement in favor of the Easement Grantee.
(b) He intentionally and unconditionally waives,
relinquishes and subordinates the lien or
charge of the deed of trust above rr,entioned
to the easement in favor of Easement Grantee
above referred to and understands that in re
upon, and in consideration of, this waiver,
relinquishment and subordination the grant
of easement is being executed and delivered,
the easement is being created, and that spec
monetary and other obligations are being
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. and will be entered into by the Easement
Grantee, other leuders and title insurance
companies which would not be made or
entered into.but for said reliance upon
this waiver, relinquishment and subordina- .
tion; and
(c) An indorsement has been placed upon the note
secured by the deed of trust above mentioned
that said deed of trust has by this instrument
been subordinated to the charge of the ease-
ment in favor of Easement Grantee above refer1
to.
SAN DIEGUIlY) UNION HIGH SCHOOL DISTRICT ESFOSITO DEVELOP"? CCMPANY, i
Rf"? Limited Partnership
BY: ESPO COW., a California CI General Partner
BY :
BY I
BY: ESPOSITO PROPmIES, a Cal
General Partnership
<
&dt-es C. Espskko, Mana General Partner /
IT IS 'RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORD
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH ESP
THERETO,
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FA Form 1 (Existing Deed of Trust to New Easement)
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STATE OF CALI
COUNTY OFd@?kI-GQ -__- ~~ _._..-___. 1
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ISS.
November 1 3, 1 987 On __........._.__.____.__ ~._.__ ._._, before me. the undersigned,
said State, personally appeared James - C. ~. Esposito """" ~". " - -
a Notary
. ~ .... .. .~
Pub!ic
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in and
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for
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"". ~""___-""~.~"~ """" ~~ ."" ~ "".". ~ ~ _"" . "~~~~- .
- _".."" ~~"~~_"__ ""_ ~" -~ ~ ""." ~ """ ..~~~. ..... ~~ .". ~ ~
~ "". ~".~______ ""_ ~~"_ "
personally known to me p ~
-io be the person that executed the within
instrument asmanaging general partner(s),
on behalf of."" .____.._ ~_._____
the partnership
therein named and acknowledged to me that the partnership
executed it.
ESPOSITO PROPERTIES
1
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! 1 t OFFlCiAL SEAL"" CHERYL KOSNICK 5 NOTARY PUBLIC - CALl~oiii~
RINCIPAL OFflCE IN SAN DIEGO CWWpl sfon Expires Szptember 16, 1% -A%&%- I
(This area for official notarial seal)
-
.- Q c STATE OF CALI FEIY~DIEGO /ss , , a, COUNTYOF - 2 I
C c L November 13, 1987 m On- before me, the undersigned, a Notaw Public IT: and for
~ ~ -) tr to be the personiwho executed the wlthln Instrument as ~
:: President and Secretary, on behalf of
20 ~ ESP0 CORP
a p said State, personally appeared" James c Espos i to 7Ii-d
E - , personally known to me (- .+ .-
_I
om
'0 : g thecorporation Therein named,andacknowledged to methatsalo -
v) F corporation executed the wlthln instrument pursuant to its by-
c~ : IawSora resolution of its board of directors, sald corporatloo being - a, known to me to be the general partner Of- ._ i : .o
' ?E 92 ESPOSITO DEVELOPMENT COMPANY ,
0 2 the limited partnership that executed the wiihln instrument, and 2, , . acknowledged to me that such corporation executed the Same as
such pairner and that such partnership executed the
(Thls area for officlal notarla1 seal)
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"J 963
LEGAL DESCRIPTION
THE L.&HD REFEPaED TO IN THIS REPORT IS SITUATED IN THE STAT1
CP,LIF0'P?JTA, COUNTY 05' SAW DIEGO, AND IS DESCRIBED AS POILE.OWS:
PARCEL I-B:
THAT PORTION OF LOT 6 OF THE NORTHEAST QUmTER OF THE SOUTH QUARTER QF SECTION 3.4, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
BEWmDINO BASE AND MERIDIAN, EN ,THE COUNTY OF SAN DIEGO, STATj
CAIJFQRVIA, ACCORDING TO THE UNITED STATES GQVEF&MES?T SUIZVEY THER
EYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
COPMEMCING AT THE NORTHWESTERLY COWER OF SAID LOT 6; THENCE S
00' 57 g 12)' EAST AmNG THE WESTERLY LINE 34.70 FEET TO THE TRUE PI
OF BEGIEIUNG; THENCE NORTH 72D58*54t' EAST 154.41 FEET TO BEGINNING OF A TANGENT 1,440 FOOT RADIUS CURVE CONCAVE SOUTHE: THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL M?GLE OF 18"12
A DISTLVCE Q'r' 455.41 FEET; THESCE SOUTH 88"~I9~07" EAST 404.45 F:
Zl'EENCE SOUTH 59"57 p 52" EAST 300 o 06 FEET; TMENCE SOUTH 88' 49'07°r :
24.45 FEET TO TEE EASTERLY LINE OF SAID LOT 6; THENCE SOUTH CO"37
EAST ALCNG THE EASTERLY LINE 108.73 FEET: THEN'CE NORTH 89'33 WEST, 5.22 FEET TO A POINT 'ON THE ARC OF A NQN-TAKGENT, 20.00 :
RADIUS CURVE, CONCAVE SOUTHWESTERLY, P. RADIAL LINE TO SAID Pl BEARS SOUTH 89 ' 33 f 58" EAST; THEECE MBRTHWESTERLU ALONG THE ARC
SAID CURVE THROUGH A CENTRAL ANGLE OF 89"15 '89'z A DISThVCE OF 3
FEET; THENCE NORTH 01°1Q153T9 EAST, 3.00 FEET; THENCE NORTH 83"49
WEST, 652.67 FEET TO W POIKT HEREIN DESIGNATED PQINT api%tr; TR:
CONI'I&XTTSNG NORTH 83"49 '07" WEST, 58.00 FEET TO A. POINT DESIGN,
POINT srE*f : THENCE CONTIWWKNG NORTH 88 o 49 1 8'7" W" SST, 4.45 FEET TO
BEGTNHING OF A TANGENT, 1,360.00 FOGY RADIUS CURVE, CON1
SQfJITHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE TmOUC
CENTRAL ANGLE OF 18 011f5911 A DISTANCE OF 432.00 FEET; THENCE TAM
TO SAID CURVE SOUTH 72'58 s54s3 WEST, 577.45 FEET TO THE WESTERLY :
OF SAID LOT 6; THENCE NORTH OO"57 ' 12" WEST ALONG THE WESTERLY :
83.25 FEET TO THE TRUE POINT OF BEGINNING,
TOGETHER WITH TilE PRIVILESE AND RIGHT TU EXTEND DRA,INAGE STRlJCT'
Ap.iD EXCAyJATSON AND EXBfLNKi3ZNT SLOPES 35 FEET BEYOND THE LIWITS QF
HEREIN DESCRIBED RIGHT-OF-WAY WHERE REQUIRED FOR THE CONSTRUCTION
YAHNTENmCE OF SAID PUBLIC HPGHWF,Y,
PAARCEL 2 -B :
TOGETHER WITH THAT FORTTON OF SAID LOT 6 LYING 10.00 FEET SOUTH OF AND P,ARALLEL ,U?D COXCEMTRIC WITZ THE POLLOWIFG DESCRIBED LINE:
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BEGINPTfE3G AT SAID P0X:NP 8TAff : THENCE NORTH 23.8 6 49 8 07Rt WEST, 54.45 E TO THE BEGGMXING OF A TAXENT, 1 I 350 FOOT RADIUS CURVE, CONC
SOUTHERLY ; TEENCE WESTERLY ALONG THE ARC OF SAID CURVE THROTjG
e~;~~ramE meLE OF li8 o 11. 8 59" A DISTANCE OF 432.00 FEET; THENCE TANC
TO SAID CURVE SOUTH 72'58554" WEST, 120.85 FEET TO T8Z POINT
TERMIlCUS *
PrnCEL 3-3:
ALSO TOGETHER WITH THAT @DP,TICN CF SAID LOT 6 LYING WITHIE A 4(
CONCENTRIC WITH THE FOE618WING DESCRIBED LINE:
CB~ENCXNG AT SAID POINT "3'': THENCE SOUTH 01" X0 e53sc WEST, 10.00 I
TO THE TRUE POINT OF BEGINPiIhTG I : TBENCE NORTH 88 O 49 a 07!! WEST, rl
FEET TQ THE BEGINNING OF A TANGENT, 1 j 353 D 08 FOGY PADIUS O.1
CQHCATTE SOUTHERLY; THENCE WESTERLY AZONG THE AX@ OF SAID CT: THROUGH E,. CENTRAL ANGLE OF ll"42'52'' A DISTAKCE OF 276.02 FEET TO
F'oD'T WIDE STIXIP OF ~LWB LYING SOYJTHERLY OF AND PA.WsI:LEL TO
POINT OF TERMINUS I-
SAID 43.00 FOOT WIDE STRIP GF '%IND IS REQUIREC FOR THE PIACEMEN?
Plr2 .L:,E 1 TIEBACKS %OR THE CRIBF7ALL. FQR THE EXACT LOCATION OF
TIEBACKS, SEE CITY OF CmGEAi? DPAWIZ.JG NC). 275-5 ON FILE IN
OFFICE OF THE CITY ENGINEER OF SAID CITY. TWERE SHALL BE
EXCAVATION, BUILDING 02. CONSTRUCTION OF ANY MIKD WITHIN SAID 4(
FOOT WIDE STRIP OF WJD k?ITHOUT TWE APPROVAL OF THE CITY ENGINEX$
THE CITY OF CARLSBAD.
PARCEL l-sC:
THAT PoRTroN OF LOT Q QF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WI
SA14 BEWARDIN0 BASE AND XERIDIAN, IN THE CITY OF CARESBAD, COUNT1
SNq DICEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFIClkL 1
THEREOF, DESCRIBED AS FOLLQkjS :
COPE~TENCING AT THE SOUTEXEST CO?.BESI OF LOT 1.4 OF SAID SECTIQN
THENCE ALONG FEE NORTHERLY LINE CJF SAID LOT 6 r NOXTH 68 " 3 9 ' 36IP %$
231.85 FEET TO THE TFJE POINT OF 3EGINNING I ; THENCE CONTINUING A4
86"50'50T' EAST, 142.91 FEET TO A POINT HEREIN DESIGNATED POINT f
THENCE SQUTII 69°24'461* WEST, 198.91 FEET; THENCE N03TH 56'00' ?dEST I 65.00 FEET; THENCE NORTH 58"30900'~ EAST, 17.95 FEET TO THE 1
POINT OF BEGINNING I.
PARCEL 2°C:
TOGETEER WITH THAT PORTION'OF SAID LOT 4, DESCRIBED AS FOLLOMS:
430PZ4ENCING AT SAID POINT ugAt' : TEYNCE SOUTH 86 o 50 ' 5OP' EAST, 8.53 1
TO THE TRUE POINT OF BEGIPJNING 11; THENCE CONTIEWING SOUTH 86" 50'
SAID NORTHERLY LINE, NORTH 68' 39 e 36IR EAST, 88.15 FEET; THENCE S<
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0 ‘2 9 6 5
EAST, 224.80 FEET; TMENCE SOUTH 59”OO’OO” EAST, 28.34 FE3T: THT
NORTH 89*O0800Q8 WEST, 215.00 FEET; THENCE NORTH 55°00t00Q92 WEST, 4( FEET TO THE TRUE POINT OF BEGINNING 14..
ALSO TOGETHER wm THE RIGHT OF INGRESS AND EGRESS OVER, UNDER
JQ$D TIIE RIGHT :yQ Igyyyf-I,, CO””””’ A,{;, LKJCT f IdLn,ZEJTAI?: p REFAIR, KZ:PU ACROSS SA10 GRANTOR‘S TLAND (INCLUDING HIS SUCCESSORS AND ASSIG?
RECONSTRUCT AND PiJSPECT k-WY WATER SUPPLY SYSTEM OR GRAGING DEI
60F24XSSION AND CITY OF C‘ARLSBAC.
NECESSARY FOR THE MITIGATION 2EQUIREMENTS CF THE CALIFORNIA cos:
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625 North Vulcan Avenue
Leucadla, Callfornla 92024
6191753-6491
P san Diesuit
Union Hish School Db
Certi fi cate of Acknowledgement, Pub1 i c Agency California Civil Code, Section 11911 State of California, County of San Diego
.2
On this ZyBday of 4$b@7/dy>2j,. , in the year 1987
before me, the undersigned, a notary public in and for said State,
personally appeared RODNEY E. PHILLIPS, ED.D., known to me to be the
COORDINATOR OF SPECIAL PROJECTS of the SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT, and known to me to be the person who executed the within
instrument on behalf of said pub1 i c agency, and acknowledged to be
that such SAN BIEGUITO UNION HIGH SCHOOL DISTRICT executed the same.
Witness my hand and official seal .
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"4-q AL SEAL ELEANOR J. MORRISON i
Notary Public-California ,
Principal Dffice In ; San Diego Codnty My Comm. Exp. June 2. 1989 '
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