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1997-539814 ..Recording 'Requ'ested ). C~t~ o£ ~nc±~tas ) ) 0 · · 505 South Vulcan Avenue i/ Encinitas, CA 92024 ) ~ FOR THE BENEFIT OF THE CITY ) )SPACE AQOVE FOR R EASEMENT FOR CITY HIGhwAY Assessor's Parcel Project No.: No. 260-181-62 W.O. No.: P~RRY W. KEMPSTER AND EILEEN Lo KEMPSTER AS TRUSTEES OF THE · PERRY W. KEMPSTER AND EILEEN L~ KEMPSTER 1990 TRUST DATED AUTUST 16, 1990 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 ANDMA6E A PART HEREOF BY THIS REFERENCE, cov4054 i - 740 The Grantor further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, 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. OWNER: PzF~ W~. KEMPSTER .~ EILEEN L'. ~EMP~ER Signature of Owners. to be notarized. Attach the approprxate 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 hori d/ ff ?f. Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 CALIFORNIA ALL-PURPOSE$CKNOWLEDGMENT '~ No. 5907 State of ~.O.~L.~-~V'Ct~, County of .~'~ ~"~ On ~.,'~. ~ ~ Q before me, personally appeared ~e~ L~). l~p~ NAME(S) OF SIGNER(S) ~ personally known to me - OR - ~roved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and ac- knowledged to me that h~e/they executed the same in his/her/their authorized ~ ~7'~ capacity(ies), and that by his/her/their ~ ~FONBAA;QDI~NO; signature(s) on the instrument the person(s), · ~ ~ Corem, ~105~ ~.otA~pusuc~um~A~ or the entity upon behalf of which the ~ SAN O~eOCOU~ ~ ~ ~.¢~.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 reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [~'NDIVIDUAL [] CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) . [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P,O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT "A" THE SOUTHERLY 30 FEET OF ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BEKNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEy DESCRIBED AS FOLLOWS: . BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING THE MID-POINT OF SAID SECTION 22, AS SHOWN ON CARDIFF VISTA MAP NO. 1547, ON FILE IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°01'30" WEST, 515.77 FEET ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22;'THENCE SOUTH 40051'30" EAST, 261.43 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE, HAVING A RADIUS OF 371.50 FEET; AND A CENTRAL ANGLE OF 27040, A DISTANCE OF 179.39 FEET; THENCE SOUTH 13°11'30'' EST 160.62 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89018'30" WEST ALONG THE SOUTHERLy LINE OF SAID SOUTHWEST QUARTER 288.18 FEET; MORE OR LESS, TO THE TRUE poINT OF BEGINNING.