1996-593426P, ecording Req'ue~ted By: ~ 1996 059~____-____~26
' 2Z-NOV-1996 O1
.City of Encinitas 0FFICI~
~en Recorded Mail to: ~ OIEGO COUHTY ~ffiRDER'S OFFICE
City Clerk ~EGORY SMITH, COUNTY ~COR~R
City of Encinitas ~090 FEES: 0.00
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE B~EFIT OF T~E CITY
SP~C~ ~OVE FOR RECORDER'S USE ONLy
Assessor's Parcel Project NO.:PADROZ
No. 258-350-30 W.O. No.: ~.~ ~-/
Otto P. Erhardt, as Trustee under Declaration of Trust dated August
3, 1979, hereinafter called GRANTOR(S), do(es) hereby grant, convey
and dedicate 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 EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF BY
THIS REFERENCE,
cov4054
· ·2091
· The Grantor ~ereby further grants to the CITY OF ENCINITAS 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 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 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 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, 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.
Otto P. Erhardt
Trustee under Deed of
Trust dated Auqust 3, 1979
Otto
Erhardt
Signature of Owner~ to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the city of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Right-of-Way Dedication and consents to
r.cor ,, o
'~ '( ' A~an D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 2
ALL- JRPOSE ACKNOWLED IENT 2 0 9
STATE OF CALIFORNIA
COUNTY OF ~:~'~ ~:~ ~
personally known to me
to be the person(s} whose name(s} ts/are subscribed to the
~thin instrument and ac~oMedged to me that he/she/they
executed the same in his/her/their authorized capacity(iesL
and that by his/her/their signature(s} on the instrument the
person(s), or the entity upon behalf of which the person(si
acted, executed the instrument.
Witness my hand and official seal.
INDWIDU~ Title Or ~pe Of Document:
Title(s}:
Number Of Pages:
P~TNER(S} ~ LIMITED :':
GENE~ Date Of Document:
TRUSTEE(S) Signer(s} Other Than Named Above:
GU~ / CONSERVATOR
SIGNER IS REPRESENTING:
NAME OF PERSON{S} OR ENTiTY{lES)
THIS CERTIFICATE MUST BE ATrACHED TO THE DOCUMENT DESCRIBED
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~[[~~~~
LF~76 (06/941
EXH?BIT
LF, C,~%L DESCRIZpT'rON ~'0 ~ a
APN: 258-350-30
THE WESTERLY 17 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA.
SAID PARCEL CONTAINS 2,769 SQUARE FEET MORE OR LESS.
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION.
PREPARED BY:
LICENSEFD LAN~ SURVEYOR P.L.S. 3997
DATE: ?//71 S
cov4054 3
REQUEZA STREET
~0 ; ~ N 89'36'50" W 334.70' ~
-/ ~ SCALE
"i'!'~ N1/2,SWl/4,NE1/4, ~ 1"=100'
DENO~S g ~ ' ~ ~MELBA RD. '
/ ~ ~ ~ ~ j LOCA~
ELBA ~ ROAD
~ NARDO RD.
{ ) ~ ~ac[~o ~a.
~ BONITA DR. ~CINI~ MAP
Exp. 6/50/96
~ CI~ OF ENCINITAS
EASEMENT PLAT
DIMENSIONS SHO~ HEREON A.P.N.:
ARE DERI~D FROM RECORD DATA 258--350--30
Righ[-of-WQy Engineering Services, Inc. ~S~NC:
Lend Surve~ng 0~0 P. ERHARDT
4167 A~NIDA DE LA PLATA, SUI~ 114, ~US~E UNDER DECLARATION OF ~UST
OCEANSIDE, CA. 92056 DASD AUGUST 05, 1979
(619) 732-1566 ACAD FNAME: ERHARDT. DWG
DRA~: MdG I DA~: 8/30/95 I SHEEl~ 1 OF 1