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1996-593480· Recording Requested By: 22-NOU-1996 01:31 PM city of Encinitas OFFICIAL RECORDS SAN OIEGO COUNTY RECORDER'S OFFICE When Recorded Mail to: G~Y SMITH, ~TY RECUR city Clerk 1 3~ FEES: 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 F~BF~ENT FOR CITY HIGH~AY Assessor's Parcel Project No.:PADROZ No. 258-140-47 W.O. No.: ~D~-/ James H. Harker, as Trustee of the Harker 1976 Family Trust dated April 21, 1976, 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 1 133 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, 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 ~ ~J day of ~c'7=~,~ , 19 ~- James H. Harker, as Trustee of the Harker 1976 Family Trust dated APril 21, 1976 OWNER: s H. Harker 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 recordation thereof by its duly ~horiKed~off~c~. ~ ~ Date: Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No~59o7 State of County of On ~ ~ DATE NAME, TITLE OF OFFICER - E,G, "J~E DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) ~ personally known to me - OR -~ proved to me on the basis of satisfactow evidence to be the person~ whose name~) is/~ subscribed to the within instrument and ac- knowledged to me that he/s~ executed the same in h~s/h ...... e~r authorized capacity(i~, and that by his/~ir ~I ~ o~.~ "~ signature(~ on the instrument the person(s), ~ ~.m~~* ~ or the entity upon behalf of which the · [~.~/~ ~.~.~"~' ~ person(~ acted, executed the instrument. O~TlO~ Though tho data bolow ls not roqubod bg law, i~ may provo valua~l~ to porsons rolyin~ on tho documont and could provont ffaudulont roa~achmont of this form. TITLE OR TYPE OF DOCUMENT Tt~E(S) ~ PARTNER(S) ~ LIMITED ~ A~ORNEY-IN-FACT NUMBER OF ~AGES TRUSTEE(S) GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHXBIT LEGAL DESCRIPTION · 13.5 APN: 258-140-47 A PORTION OF LJ~qD IN OF SECTION 15, TO'SHIP 13 SO'H, ~GE 4 WEST OF ~E S~ - BE~INO MERIDI~, IN THE CITY OF ENCINITAS, CO~TY OF S~ DIEGO, STATE OF C~IFO~IA, LYING WITHIN ~D DESCRIBED IN G~T DEED RECO~ED J~E 13, 1984 AS FILE/PAGE 84-222041 OF OFFICIAL RECO~S OF SAID CO~TY, SAID PORTION LYING ~STE~Y OF THE FO~OWING DESCRIBED LINE: P~CEL 1~ PUBLIC RO~ ~8~E~ BEGINNING AT THE SOUTH~ST CO~ER OF ~D THEREOF; THENCE ~ONG THE SOUTHE~Y LINE THEREOF NORTH 89°39'52" WEST 17.00 FEET; THENCE P~LLEL TO THE ~STE~Y LINE OF ~D DESCRIBED IN SAID DEED NORTH 01°00'16" ~ST 153.26; THENCE L~VING SAID P~LLEL LINE NORTH 43059'44" WEST 9.55 FEET; THENCE NORTH 01°00'16" ~ST 7.00 FEET; THENCE NORTH 46°00'16'' ~ST 9.55 FEET; THENCE P~LLEL TO SAID ~ST LINE NORTH 01~00'16'' ~ST 98.50 FEET TO THE NORTHE~Y LINE OF ~D DESCRIBED IN SAID DEED ~D POINT OF TE~INUS. ~VING ~ ~ OF 4,719 SQU~E FEET. P~CEL 2: D~INAGE THE NORTHE~Y 10.00 FEET OF THE ~STE~Y 103.00 FEET OF THE ~D DESCRIBED IN SAID DEED FILE/PAGE 84-2722041 OF OFFICIAL RECO~S OF SAID CO~TY. EXCEPTING THEREFROM THE ~STE~Y 17.00 FEET OF SAID NORTHE~Y 10 FEET. ~VING ~ ~ OF 860 SQU~E FEET. EXHIBIT "B" BEING A P~T ATTACHED HERETO ~D ~DE A P~T HEREOF THIS DESCRIPTION. PREPPED BY: LICENSED ~ S~VEYOR P.L.S. 3997 c0v4054 3 EXHIBIT "B" 3.36 LINE DIRECTION DISTANCE N88'49'37"W L1 NO1'OO'16"E 155.26' 195.00' L2 N 45'59'44"W 9.55' lO'--J L5 NOl'OO'16"E 98.50' ~ L6 N86'49'57"W 86.00' 17 ~ -J- L7 NOl'OO'16"E 10.00' ~ d L4~ 0 DENOTES PUBLICEASEMENT RIGHT-OF-WAY 4,719 SO.FT. DENOTES 52"W DRA,NAGE EASEMENT REOUEZA SIREET 860 SO.FT. ~) ARE DERIVED FROM RECORD DATA ~D--NARDO RD N CITY OF ENCINITAS ~ BRACERO I~D. ~ BONITA DR. (~cCAA~,,NNoO ~E~ %OR~?D~A VICINITY MAP EASEMENT PLAT ASSESSOR'S PARCEL NO: ] VESTING: Right-of-Way Engineering Services, Inc.I JAMES H. HARKER Land Surveying 258--14'0--4'7 HARKER FAMILY TRUST 4167 Avenida de la Plata Ste. 114 4/21/76 Oceanside Ca, 92056 (619) 757-4443 ACAD FNAME: HARKER.DWG DRAWN: MJG ~ DATE: 9/01/95 ] SHEET: 1 OF 1