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1996-593428· 1996-059 4Z8 Recording Requested By: 22-HOU-1996 O! ~ 16 PM City of Encinitas O[FEIAL SA~ OIE~ COUNTY REC~DER'S OFFICE When Recorded Mail to: GREG~Y SfllTH, C~TY REC~0ER city Clerk ~E[S: 0.00 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLy ~S~E~ FOR CITY HZG~AY Assessor's Parcel Project No. :PADRQZ No. 250-370-~F W.O. No.: Barbara J. Garcia, a widow, subject to the effect of Homestead Declaration recorded May 21, 1970 as file no. 88294 of official records, 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 2101 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 may hereafter grow), and road building materials within said right-of-way, lnc_'i_!n~ together with the right to use the same in suc~ 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 ~O~ ~~ ,.19 day Barbara J. ~Garcla, a Widow Barbara J. ~a ISignature of Owner? to be notarized. acknowledgements. Attach the appropriate 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 recordation thereof by its duly~%th~r~e~of~r% ~ Date: ~/'~(q~ By: ( ,~qF] ~.,,~ -~ ~ Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 · CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~'1 0 2 State of ~/'~.~/'..~,¢"r'~ Countyo, personally appeared ~~ ~ ~/~ ~ ~ personally known to me - OR ~ved to me on the basis o~sfacto~ evidence to be the person(s) whose name(~e subscribed~within instrument and a??~d to me that h~ey executed the S~~eir authorized capaci~(ies), and that by hi--ir signature(s) on the instrument the person(s), ~ Ra~da G, Milljo~r ~ or the entity upon behalf of which the person(s) acted, ~lf~'~ C~m ~1038151 ~ executed the instrument. ~.~ ~C~m E~ ~, 6, 1~,~::~ [ WITNESS my hand and official seal. OPTIONAL T~ou~ the information below is not required by la~ it may prow valuable ~o persons re/y/n~ on the d~ument and could prevent fraudulent removal and r6aEac~m~nt of [~is fo~ to another 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 ~ IndNidual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): ~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ Attorney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Consewator ~ ~ Guardian or Consewator ~ Oth~F: Top of ~humb hen ~ Oth~ Top of thumb here Signer Is Representing: Signer Is Representing: 994 National Notary Association · 8236 Remmet Ave., F~O. Box 7184 · Canoga Park, CA g 1309-7184 Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION ,U,N: 250-370-,: 2t03 A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST 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, BEING A PORTION OF LAND DESCRIBED IN DOCUMENT RECORDED HAY 31, 1974 AS FILE/PAGE NO. 74-144220 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89°53'12" WEST 3.55 FEET; THENCE LEAVING SAID SOUTHERLy LINE NORTH 45°28'00'' EAST 5.08 FEET TO THE EASTERLy LINE THEREOF; THENCE ALONG THE EASTERLY LINE SOUTH 01°02'48'' WEST 3.55 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 6 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND HADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSED L~ SURVEYOR P.L.S. 3997 DATE: cov4054 3 EXHIBIT "B" 2'104 ~..~ N89'55'12"E -~ L1 S89'55'12"W ~¥' i n.,O 5.08' (-7' L3 SO1'O2'48"W SCALE ? 3.55' . ~ - ~ o DETAIL Z Z 62.92' t~ N 89'53'12" E MELBA ~ s~ ~ET*,L ROAD HEREON DENO~S EASEMENT AREA 6 SQ. FT. ~ ENClNITAS BL~, ~ REQUEZA ST. ~ MELBA RD. ~ SANTA FE DR. ~ REGAL RD. - ~ NARDO  ~ ~ RD. ~LOCA~ON ~ BRACERO RD. ~ BONITA DR. ~CINI~MAP /No. ¢97 Exp. 6/30/9i ~ CI~ OF ENClNITAS DIMENSIONS SHO~ HEREON ARE DERI~D FROM RECORD DATA EASEMqNTPLAT Right-of-WQy Engineering Services, Inc. A.P,N.: Lond Surve~ng ~7 I ~S~NG: ~s7 A~N~A DE LA ~LATA. SUIT 11~, 258--370--~ J BA~A.* ~. OCEANSIDE, CA. 92056 (619) 732-1566 ACAD FNAME: GARCIA.DWG DRA~: MJG ~ DATE: 9/01/95 ~ SHEET: 1 OF 1