1993-367910 Recording By: ~ 5 4 0
~ity of Encinitas C~0C ~ 197g--0967910
iO-3UN-19~ 10:08
~en Recorded Mail to:
City Engineer ~Fi~i~ ~5~OR~
City of Encinitas S~ QH4~ ~]~US~? ~ECQRDE~'S QFFiCE
527 Encinitas Boulevard :%RNETT5 ~VRR~ ~Q~J~TY ~3[~0RD[;~
Encinitas, ~ 92024 r[~: ~ ~].0
FOR THE BENEFIT OF THE CITY
)SPACE ABOVE FOR RECORDER'S USE ONLY
~ME~Y~F~T~$ '~ ' '~ ~S~ENT FOR CITY HIG~AY
Assessor's Parcel Project NO.:92-043BA/CC
No. - 1-1 W.O. No.: N/A
Bradley J. Gerlach, a sinqle man
hereinafter called GRANTOR(Z), 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 AND
MADE A PART HEREOF BY THIS REFERENCE
TF/03/ 56WP5 (3-18-91) 1
!
The Grantor further grants to the CITY OF ENCINITAS the
privilege and right to extend drainage structures and excavation
rand' 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 ~c-~ day of ~(~-
sm~. of c~ ~ i f or n ~ a -~ CAPA~ C~IUED BY SIGNER
~un~0f San Diego ~ ~
~ ~etOreme, D,S. Sha~tuck Notary Publ
~ PARTNER(S)
~ A~NEY-;N-FACT
~ ~onally Kn~n to me - OR - ~ ~foveO ~o me on the ~i8 of ~ista~o~ ev~e~ ~ TRUS~E(S)
to ~e the ~e~n~) ~o~e name(~ w~ D SU~CRIBIN~ WI~ESS
su~cri~ ~o the ~in i~m~nl ana ac- ~ GUARDI~ONSERVA~OR
~nowle~ ~o me mm he/~
me ~ame in hislh~ aulhofi~ed
~ caDacity(~, and that by
W~ss my ~d ~d ~ ~. ~ ·
MUST ~a A~A~ED T~or T~of ~ ~~
TO THE ~M~ Nu~r Of P~ ~
DESCRIB~ AT R~: ~(~ ~r T~n ~ W
EXHIBIT
Page 1 of 2
That portion of Lot 36 of CREST ACRES, in the City of Encinitas,
County of San Diego, State of California, according to Map thereof
No. 2019, filed in the Office of the County Recorder of said San
Diego County, May 3, 1927, described as follows:
Commencing at the Southwest corner of said Lot 36; thence
Northeasterly along the Southerly boundary of said Lot 36 North
68°26'43'' East (North 68°40' East, record) 92.00 feet to the
Southwesterly corner of land described in deed to Bradley J.
Gerlach recorded January 24, 1990 as Document No. 90-040234, said
corner being also the True Point of Beginning of the herein
described property; thence continuing along the Southerly boundary
of said Lot 36 North 68°26'43" East (North 68°40' East, record)
88.94 feet; and North 66°25'26'' East (North 66° East, record) to
the Southeasterly corner of said Gerlach's land; thence along the
Easterly boundary of said Gerlach's land South 14°33'40" East
(South 14°33' East, record) 7.09 feet; thence South 66°25'26" West
13.93 feet; thence South 68°26'43" West 87.06 feet to a point on
the Westerly boundary of said Gerlach's land; thence along said
Westerly boundary South 7°38'55" East (South 7°25'38" East, record)
7.21 feet to the True Point of Beginning.
1544
EXHIBIT ~A'
SHEET 2 OF 2
~" = 60'
PARCEL A
^PN 254-151-02
PR~OS~ ~0' ROADWAY
~o~o
PROPOSEO
PER 8DRY
EX/$NNG PROPER~ LINES,
~ PRIO~ ~ 8O~ AD.ST
~ PARCEL C
PARCEL B
NOT A PA~T
LOT
RESOURCE DEVELOPMENT CORPORA*RON JNgo-34U