1995-534232 ~ecording Requested By: ). --
) 27-NOU-1995 10:18
City of Encinitas )
) OFFICIAL RECORDS
When Recorded Mail to: ) SAN DIEGOCOUNTYRECORDER'SOFFICE
City Clerk ) ~664 GREGORY SMITH, COUNTY RECORDER
City of Enoinitas ) FEES: 0.00
505 South Vulcan Avenue )
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY ~
)SPACE ABOVE FOR RECORDER'S USE ONLY
F~%SF/~ENT FOR CITY HIghwAY
Assessor's Parcel Project No.:CMS95G
No. 2RR-N4N-N6 W.O. No.:
Leucadia Boulevard Limited, a limited ~artnershi~
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
1665
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 ~ ?day of ~_~/,~1.9~_____
Signature of Owners. 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
Date:r'c°rdati°n! l t?,of < by it, duly thor , - D. rchihald f~
Director of Engineering Services
City of Encinitas
cov4054 2
Commonwealth
Land Title Company
O Reliance
STATE OF CA~II~ORN, I~ .~ · ) ss
)
0~/~ ~/~ befo~ me, the~ersigned, a Notary Public in and fo[ said C~n~y
and Sta~person~lly appeare~ ~ ~:z)~.~ ~ ~~~ ~~
~' ~ ~ 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 acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~OT~Y PUBLIC ~
STATE OF CALIFORNIA )
COUNTY OF ) ss
On before me, the undersigned, a Notary Public in and for said County
and State, personally appeared
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 acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
THIS CERTIFICATE MUST BF_..-~TTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Doc_ument;
Date of Document: ~-
Other Signer(s) than Named Above:
L/1056PflOP.LEG E01 (5), 6126195 {MI(), LD
EXHIBIT '~
LE~i%L DESCRIPTION
C:;EUC IA P T RS PROPERTY) 166 ?
APN 255-040-06
BEING A PORTION OF LOT i OF RANCHO LAS ENCINITAS ACCORDING TO MAPTHEREOF NO.
848, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF CITY OF ENCINITAS TRACT NO. 4579-1,
ACCORDING TO MAP THEREOF NO. 11921, ON FILE IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MAP NO. 11921 AND THE
EASTERLY BOUNDARY OF SAID LOT 1
1. SOUTH 02°22'32'' EAST 28.77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID BOUND-
ARIES
2. SOUTH 02°22'32'' EAST 41.80 FEET TO THE BEGINNING OF A NON-TANGENT
1,670.O0-FOOT RADIUS CURVE CONCAVE
NORTHERLY, A RADIALFROM SAID POINT
BEARS NORTH 03°36'36" EAST; THENCE
LEAVING SAID BOUNDARIES ALONG THE
ARC OF SAID CURVE
3. WESTERLY 327.43 FEET THROUGH A CENTRAL ANGLE OF
11014'02"; THENCE
4. NORTH 75°09'22" WEST 4.45 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY OF OLIVENHAIN ROAD, ROAD
SURVEY NO. 1631, AS DEDICATED PER
DOCUMENT RECORDED AUGUST 25, 1961
AS FILE NO. 149167 OF OFFICIAL
RECORDS, FILED IN THE OFFICE OF
SAID COUNTY RECORDER; THENCE ALONG
SAID RIGHT-OF-WAY
5. SOUTH 87°55'20'' EAST 325.47 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 8,600 SQUARE FEET, MORE OR LESS.
PAGE 1 OF 1
SHEET I OF 1 SHFFT
~D~C~T~-S ~0~
WITHIN LEUCADIA PARTNERS PROP.
AREA = 8,6OO SO. FT.
INDICATES CITY ~OUNDARIES
INDICATES REDORO DA TA
PER MAP NO. 11921
RANC, HO LAB IENO]NITAB
MAP NO: 848
PUBUC ROAD EASEMENT RECORDED R.D,$. 7124
AUGUST 25, 1961 AS FILE NO. LOT ~ LOT
149167, O.R.
RS 1631 PUBUC ROAD EASEMENT RECORDED
AUGUST 25, 1961 AS NO.
149169, O,R.
CITY OF CARLSBAD POR RS 1631
~' ~F'-- -- -- -- -- -- -- -- -- -- ' --
ENCINITAS
o,/ /~
RANCHO LAB ENCINITA~
p Proyect Des~g~ Co~t~ts
=ROJECT NAME: =ROJECT NO. EXHIBIT
OLIVENHAIN ROAD $ ~ (~ 6 'B'