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1995-155303,'.· Recording Re~ested By: 13-~PR--I9~ 12 City of Encinitas 0F~iC!AL ~en Recorded Mail to: ~A~ uIE~u COUNTY ~ECORDER'S city Clerk ~ESQ~Y ~' COU~TY city of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLy ~S~ FOR CITY Assessor's P~roel Project No.: TPM 94-1~1 No. 257-062-23 W.O. No.: 4158-I HSP EL CAMINO SOUTH, INC. 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, cov4053 i 87 The Grantor hereby further grants to the CITY OF ENCINITAS the ~rivilege 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. The Grantor hereby releases and relinquishes to the City of Encinitas any and all abutter's rights of access, in and to__ E1 Camino Real except at access openings , as shown on Exhibit "B" attached. HSP ET, CAMTNO ~OITTN. TNC. ~: ~o~t' S. Pardee, ?res~dent'~'~ By: Wesl~ ~ Pardee, Vice President 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 relinquishment of a~cess rights a~d consents~o r~co~rdatio~ thereof by its duly~ a~rhorlzed officer. /~ ~X /~ ~ ~ ~ AI D. Archibald - ~ Director of Engineering Services cov4053 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of DATE NAME, TITLE OF OFFICER - EG, "JANE DOE,,,NOTABY PUBLIC' personally appeared ~'~._~'/' ~ Y NAME(S) OF SIGNER(S) [] personally known to me - OR -'l~proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized :::::::::::::::::::::::::::::::::::: capacity(Res), and that by his/her/their ~,~,CI"IERYLL, MARTINI~ signature(s) on the instrument the person(s), ~ COklM, #1005597 l .~,,w,u.uc.~;o,,~ or the entity upon behalf of which the ........ _~_._~.~..s~.,~,:~t person(s) acted', executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reat~achment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL ~ CORPORATE OFFIC TITLE(S) OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'f-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ~ ~ ~ - ~__~-- ~ ..... · CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ '~ No, 5907 DATE NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) [] personally known to me - OR -/~'proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized i",~l~li~ S'AMESKENAZl ! capacity(ies), and that by his/her/their ~,~,,~.i~.-~ COMM.~TSa4 ~ signature(s) on the instrument the person(s), ~My.~Exp. Juilet4,,99~l or the entity upon behalf of which the -- person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ,~iNDCAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT IVlDUAL ~ CORPORATE OFFICER TITLE(S) TR'LE OR TYPE OF [~CUMENT [] PARTNER(S) [] LIMITED [] GENERAL ~ [] A'I-FORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARD'AN/CONSERVATOR [] OTHER: ~ ~/' V --':~"' DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OFP~SO,,,~N~,~R SON OR ENTITY(lES} /~Y' ~'.-.-/-~ ~-~/'~¢/"( ~ ~/"~:'Cr~'O¢, ,..~c. SIGNER<S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT "A" EL CAMINO REAL LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF EL CAMINO REAL, SAID POINT BEING STATION 38+84.95 B.C. PER ROAD SURVEY NO. 1800-1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG THE CENTERLINE OF EL CAMINO REAL SOUTH 15°32'16'' EAST, 365.59 FEET; THENCE SOUTH 89°02'09'' EAST, 76.13 FEET TO A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO HSP EL CANINO SOUTH, INC., A CALIFORNIA CORPORATION, PER DOC. NO. 1993- 0849673, RECORDED DEC 16, 1993, SAID POINT BEING ON A LINE PARALLEL WITH AND 73.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTERLINE OF EL CAMINO REAL, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 15"32'16'' WEST, 387.89 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3427.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 125.74 FEET THROUGH A CENTRAL ANGLE OF 2°06'08'' TO A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO HSP EL CAMINO SOUTH, INC., A CALIFORNIA CORPORATION, PER DOC. NO. 1993-0849673, RECORDED DEC 16, 1993, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 76"33'52'' EAST; THENCE NORTH 88°42'42'' WEST, 18.61 FEET TO A POINT ON A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3445.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 55.00 FEET NORTHEASTERLY FROM SAID CENTERLINE OF EL CANINO REAL, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 76"38'35'' EAST; THENCE SOUTHEASTERLY 131.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°10'51"; THENCE TANGENT TO SAID CURVE SOUTH 15°32'16'' EAST, 382.56 FEET TO A POINT ON A LINE HAVING A BEARING OF NORTH 89°02'09'' WEST AND PASSING THROUGH THE TRUE POINT OF BEGINNING; THENCE SOUTH 89"02'09'' EAST, 18.77 FEET TO THE TRUE POINT OF BEGINNING. L.S. 5347 EXHIBIT ~ ~ STREET D~DICA TION  '~k_B.~ .STATION I~ .61' ~ ~ R~LIN~I~D H~ON L:125.74' -- ~ ~ =02~6 '00" ~ L=100.22' . ~ =2~10~1'' L=I~I.I~' ~ =02"10~1" 12/2~/48 IN ~OK ~, PA~E 24~ OF OhH~CIAL (NO ~IDTH GIVe) P.O.~. 9 TA TION ~ P~ R~ 1800-1  PORTION DEDICA TED ~ ACCE~ NIF ~ SCA 50' ~ffLIN~ISH~D H~ffON ENGINEERING ~-, 1~'~-'~ .~a 16~o) ~-o~ ~ ~' ~ ~ ~ ~ ~ ~TA TION ~ ~ I~00-1