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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'