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1996-171646· - OC 1996 0171646 · 4. Recording ~ed By:) ) ~-APR-1996 0~:19 PM city of Encinitas ) ) OFFICIAL RECORDS When Recorded Mail to: ) SAN OIEGOCOUNTYRECORDER'SOFFICE Clty Clerk ) GREGORY SMITH, COUNTY RECORDER city of Eneinltas ) 326 FEES: 0.00 §05 South Vulcan Avenue ) Encinitas, CA 92024 ) ) FOR T~E BENEFZT OF T~E CZTY ) IS?ACE ABOW ~OR RECOnO~R'S ~ASEMBI~f FOR CITY Assessor's Parcel Project No.: TM 90-155 No. 254~411-03 W.O. No.: ~ian E. Fritz and Hel~a Fritz~ Husband and Wife as Community Property hereinafter called GRANTOR(S), de(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 ATTACHED EXHIBIT "A" FOR RIGHT-OF-WAY ALIGNMENT. RIGH~-OF-WAY IS GRAPHICALLY DEPICTED ON ATTACHED EXHIBIT "B". cov4054 1 privilege andr~ht 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. Dated this ~ day of ~ , 19~ OWNER:_ Helg~Z~ritz~-~ 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 a~ recordation ~hereof by its duly ~hor~z~ ~f~.~r~l Date: I ' / Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 328 EXHIBIT "A" FRITZ STREET DEDICATION LEGAL DESCRIPTION THOSE PORTIONS OF LOT 3 BLOCK H AND OLYMPUS STREET ALL OF SOUTH COAST PARK ANNEX IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788 RECORDED MARCH 29, 1924 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING WITHIN A STRIP OF LAND 50.00 FEET WIDE, THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT 286.51 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY IN THE CENTERLINE OF SAID OLYMPUS STREET AS SHOWN ON PARCEL MAP 13497 RECORDED SEPTEMBER 27, 1984 IN THE OFFICE OF SAID COUNTY RECORDER AND HAVING A CENTRAL ANGLE OF 20°00'20'' AND LENGTH OF 100.04 FEET; THENCE ALONG SAID CENTERLINE S 68°06'28'' W 31.63 FEET (S 68~04'59'' W RECORD) TO THE TRUE POINT OF BEGINNING SAID POINT BEING A POINT OF CUSP WITH A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS S 21~53'32'' E; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 142.09 FEET THROUGH A CENTRAL ANGLE OF 40"42'20'' TO THE BEGINNING OF A REVERSE 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL LINE TO SAID POINT OF REVERSE CURVE BEARS N 62"35'52'' W; THENCE NORTHEASTERLY, EASTERLY AND SOUTHERLY ALONG SAID CURVE 536.31 FEET THROUGH A CENTRAL ANGLE OF 153°38'27'' TO THE POINT OF TER~INUS IN THE CENTERLINE OF SAID OLYMPUS STREET. 329 F'- ,~' .__ t ' ~ 1"=50' %~.~ . ~ ~c> ~ ~ CALIFORNIA ALL-PUR ACKNOWLEDGMENT Sta,eo,rni 330 Countyof S~i ~ personally known to me - OR - ~ proved to me on the basis of s~acto~ evidence to be the person(s) whose name(s) i~subscribed to the within instrument and acknowled~to me that he/sh~xecuted the ~ same~h~the~authorized capaci~), and that by ~ ~ ~~l~ ~ his/h~i~re(s) on the instrument the pemon(s), ~ ~ ~--~ ~ executed the instrument. J ~._ _ ~~ L ~ WITNESS my hand and official seal. OPT'ONAL Signature of Nota~ P,bl~ -- Though the info.erich below is not r~quimd by law, it may prow valuable to persons ~lying on the document and ~uld prevent Description of A~ached Document __ ~u~r Type of Document: ~~ ment Date: _ I Number of Pages: S* ner<s Other han Named bove: Capa~i~{i~laim~d b~ Signer's ~e~hm~. ~ Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): D Padner-- D Limited D General D Pa~ner-- ~ Limited ~ General G A~orney-in-Fact D A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Consewator ~ Other: Top of thumb here ~ Other: Zop of thumb here Signer~[~ls Representing: ~" ---~,,,.~, Signer Is Representing: © 1994 National Nota~ Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. NO 5907 Reorder: Call TolFFree 1-800-876-6827