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1996-593482 · C 1996-0 9 48 ~ Re~ording Requested By: 22-NOV-1996 01,~1 PM city of Encinitas OFFICI~ RECKS · SM DIE~ COUNTY REC~DER'S OFFICE When Recorded Mail to: ~ 43 ~REG~YSMITH, CO~TYRECO~ER City Clerk FEES: 0.00 City of Encinitas N~ 505 South Vulcan Avenue _ Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY ~ .' SPACE ABOVE FOR RECORDER'S USE ONLY E~SF~ENT FOR CITY HIGH~AY Assessor's Parcel Project No.:PADRQZ No. 258-140-33 W.O. No.: Walter James Frandsen and Wanda Frandsen, Trustees of the Frandsen Family Trust Agreement dated November 28, 1989, 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 i 144 The Grantor hereby 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 ' f hereafter grow), and road building materials within said righ%-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. Dated this ~/~F~ day of --~/~'~ , 19 ~ Walter James Frandsen and Wanda Frandsen, Trustees of the Frandsen Family Trust Agreement dated November 28, 1989 Wanda FrOWn Signature of Owners 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 Dedica~ion~and ~onsents to recordation/~_~/thereof by its dUly~7~o~e~o!~.,~ ~/~ Date: Aian D. Archibald Director of Engineering Services City of Encinitas cov4054 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ~ On ~73. '~te ~/t ~ (~ ~ before me,~-~,'~/t~ZT/c~ ~/~. personally appeared ~C))~,,-7'F_~ ~"',~yf.~,~ ~..~ ~..~/4~7(j'~)/~ /..~/~/t.)~ ~',-~.~--~ ,/~ Name(s) of Signer(s) [] personally known to me - OR~ved to me on the basis of s~tory evidence to be the person(s) ~ whose name(s) i~?"are~sj,/bscribed to the within instrument and acknowled~me that he/sh~(ecuted the ~;-*'*'- ;":;; ~:: ~::: ;::: ~;::: ;t same i n~thorized capacit~r(1~J~, and that by $ Z~--T.~----'~ Randa G. Milljour [~ his/her~eir ~i~n~ture(s) on the instrument the person(s), ~L~""~ ..__C._o~m. #1038151 ~ or the ~ upon behalf of which the person(s) acted, ~,~ '""~E~'~~^ ~ executed the instrument. ~"~-";"--::;;;~ WITNESS my hand ana onicia seal. 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator ~ [] Guardian or Conservator [] Other: Top of thumb her~ [] Other: 'rob of thumb here Signer Is Representing: Signer Is Representing: EXHZBZT APN: 258-140-33 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTHERLY 17.00 FEET OF LAND DESCRIBED IN GRANT DEED RECORDED SEPTEMBER 30, 1960 AS FILE/PAGE NO. 196370 OF OFFICIAL RECORDS OF SAID COUNTY. HAVING AN AREA OF 4,312 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: , LICENSED LAND/sURVEYOR P.L.S. 3997 DATE: cov4054 3 EXHIBIT "B" 147 N88'49'41 "W 231.58' - 1~¢ 243O ~. N 88'49'37" W 52.55' SCALE N8S'49'37' w CAMINO EL ~'=~oo' 242.73' S88'49'37"£ 254.7 DORADO N 88'49'37" W 518.00' SW CORNER NE 1/4 SE COR. NE 1/, SEC. 15 N 06'~6'27" w 17.~6' STREET I L2 IS 00°44'22" W 17.00' DENOTES EASEMENT AREA 4,312 SQ.FT. ~ \LOCATION j~ ~ D,MENSIONS SHOWN HEREON -'~ ARE DERIVED FROM RECORD DATA ~ENCINITAS BLVD.~(~ ~ ~ ,,~ 2(,~) REQUEZA ST. ~. x:x J ~MELBA RD. ®SA.TA ~E DR. ~ ) % ® 6~ NARDO RD. (Z)-~BRACERO RD. ~ ~ /.~,~(,.~BONITA DR. hI' r. -- CITY OF ENCINITAS ~CAMINO EL DORADO ~ 0..g)CAMINO DE OROHIDIA "~ VICINITY MAP EASEMENT PLAT Right-of-Way Engineering Services. Inc. A.P.NO. J VES~NC: WALTER J. AND WANDA FRANDSEN Land Surveying 258-140-,35J TRUSTEES, FRANDSEN TRUST 4167 AV~NIDA DE LA PLATA, SUITE 114, 11/28/89 OCEANSIDE, CA. 92056 (619) 732-1366 ACAD FNAME: FRANDSEN.DWG ~ DATE: 9/05/95 ~ SHEET: 1 OF 1 DRAWN: MJG