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1996-593484 Recording Requested By: 22-NOU-1996 O! ~3! PM City of Encinitas When Recorded Mail to: City Clerk ~ 5~ ~ ~I~, ~ ~[~0~ City of Encinitas FEES: 0.00 505 South Vulcan Avenue _ Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY )SPACE ~OVE FOR RECORDER'S USE ONLY Assessor's Parcel Project No.:P D_~ No. 258-140-52 W.O. No.: Karl Frederic MacDorman and Marian Frances MacDorman, brother and sister, as joint tenants, 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 1 157 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 :0~nd.~/ , 19~ Karl Frederic MacDorman and Marian Frances MacDorman, Brother and Sister~ as Joint Tenants ~ Frede~r~ M~cDorman 'Marian Frances MacDorman SEE AT ACHE CALIFORN 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 A~n D. Archibald Director of Engineering Services City of Encinitas cov4054 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 ~ 8 State of C-~L I FORN IA County of SAN DI On _ll/~/c~g beforeme, D,o..e ~. Be.so., persona,,y appeared ~'~- ~,~ ~- ~ ~ .... ~.~o~o~...~_. ~ personally known to me - OR - [~' proved to me on the basis of satisfactory evidence to be the person(.,~ whose name~')(~are subscribed to the within instrument and ac- knowledged to me that.h~hey executed the same in his~/their aut.b.~rized ~-,~;~-0~on~;l~.~o~[ capacity(i~), and [hat by his(~_~/their .0~,,c.~.m~,~oc~,~,~_~ signature(/~), on the instrument the person(~, · [~/' c,,~.o,~ocou.,, 0 or the entity upon behalf of which the ...... '-'~ ~"---~'~"*~" person,(~) acted, executed the instrument. OPTIONAL, Though the clare I~elow is not required t~y law, it may prove valuable to persons relying on the document ancl Could prevent frauc~ulent reattachmen! of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AITACHED DOCUMENT  INDIVIDUAL CORPORATE OFFICER rm.~s~ TITLE OR T~PE OF DOCUMENT ~ PARTNER(S) [] LIMITED [] GENERAL ~ ATTORNEY-IN-FACT ~'~. ---1 TRUSTEE(S) NUMBER OF PAGES --'i GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 159 TO ALL TO WHOM these presents shall come I, JOHN DAVID HINDMARSH of the City of Cambridge NOTARY PUBLIC by Royal Authority duly admitted and SWOrn DO HEREBY CERTIFy the genuineness of the signature ~- '~C~ at foot of the Document hereunto annexed, such signature having been this day subscribed in my presence by ~ ~[C- holder of ~t~ ~t number C ~ 3~T~ IN FAITH AND TESTIMONY whereof I the said NOTARY have subscribed my name and set and affixed my seal of office at Cambridge thi fkday of ~ ~ One thousand nine hundred and ninety -~ C ExH'rB~'T LEGAL DESCRIPT~'ON APN: 258-140-52 A PORTION OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEING THE WESTERLY 17 FEET OF LAND DESCRIBED IN GRANT DEED RECORDED JANUARy 7, 1980 AS FILE/PAGE 80-05889 OF OFFICIAL RECORDS OF SAID COUNTY. HAVING AN AREA OF 1,593 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSED~LAND S~URVEYOR P.L.S. 3997 cov4054 3 EXHIBIT "B" SE 11¥ ~ 0 0 N 89'39'52" W 388.07' b.I ~7' F/P 80-05~g O~R~ ~ SCALE 0 N 89'39'52"W 388.32' ~ T14S REQUEZA S~EET DENOTES N 89'39'52" W ~ 430.00' EASEMENT AREA SE COR. NE 1/4~ 1,593 SQ.FT. DiMENSiONS SHOWN HEREON SEC. 15 ARE DER[~D FROM RECORD DATA  Right-of-Way Engineering Services, Inc. 4167 A~NIDA DE LA PLATA, SUITE OCEANSIDE, CA. 92056 (619) 732-1366 ACAD FNAME: MACDORM.DWG ~C,N,TAS CI~ OF ENClNITAS REQUEZA ST. MELBA RD. ~*'~* ~ ~, EASEMENT PLAT REGAL RD. NARDO RD. ASSESSOR'S PARCEL NO. ~S~NG: BRACERO BONITA DR. 258-1~0-52 KARL F. MACDORMAN CAMINO DE ORCH~D~A DRA~: MJG DA~: 9/01/95 SHEET: 1 OF 1