1996-593481 1996-0591)4B1.
R~ecording Requested By: 22-NOU-1996 0! :31 PM
City of Encinitas
SAN DIEGO COUNTY RECORI)ER'S OFFICE
When Recorded Hail to: GREGORY ~ITH, COUNTY RECOROER
city Clerk 137 FEES-' 0.00
City of Encinitas
505 South Vulcan Avenue
_ Encinitas, CA 92024
)
FOR THE BENEFIT OF THE CITY )
)SPACE ABOVE FOR RECORDER'S USE ONLY
F~BF~ENT FOR CITY HIGawAY
Assessor' s Parcel Project No.: PADROZ
No. 258-140-35,36 W.O. No.: MfZ~. ~-/
James F. or Irene Rose McGarvey, as Co-Trustees, under Trust dated
December 30, 1975, 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
138
The Grantor hereby further grants to the CITY OF ENCINITAS the
p~ivilege 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 /6~T~ day of ~/~/'- , 19~'-
James F. or Irene Rose
McGarvey under Trust dated
December 30, 1975
McGarvey
Irene Rose McGarvey
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
recordation thereof by its duly~u~hor~Aze~of~ic~r.~
Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
x 139
State of L~'~.~ /~:~
County of ~ , / /
personally
~ppe~red
~ personally known to me - OR.proved to me on the basts ~isfacto? evidence to be the person(s)
whose nameplate subscri~ the within instrument
and a~k~dged to me th~/~e/they executed the
;:;::::::::::::::::::::::::::::::::::: ~e i~r/their authorized c~Paci?(ies), and that by
[~ Randa G. Mill'ourl [ ~i~er/the~ r s gnature(s) on the instrument the person(s),
~ C~m. ~1038151 0 or the entity upon behalf of which the person(s) acted,
~ ~N~E~ ~ executed the instrument.
====================================== WITNESS my hand and o~JcJal seal.
Though 1h~ inlorm~ion ~low i~ noJ r~uir~ ~ I~w, i~ ~ ~ ~1~1~ ~o ~r~on~
Description of Attached Document
~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CapaciW(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
~ Individual ~ Individual
~ Corporate Officer ~ Corporate Officer
~tle(s): ~tle(s):
~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General
~ AEorney-in-Fact ~ AEorney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ Other: Top of thumb here ~ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
EXHIBIT
LEGAL DESCRIPTION
APN: 258-140-35,36 140
A PORTION OF 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, LYING WITHIN LAND DESCRIBED IN GRANT DEED RECORDED AS
FILE/PAGE 75-371506 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
P~%RCEL 1: PUBLIC RIGHT-OF-WAY
BEGINNING AT THE NORTHEAST CORNER OF LAND DESCRIBED IN SAID GRANT
DEED; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 01°00'16'' WEST
17.00 FEET; THENCE LEAVING SAID EASTERLY LINE PARALLEL AND 17 FEET
SOUTHERLY TO THE NORTHERLY LINE THEREOF NORTH 88°49~37'' WEST 207.14
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 25.00 FEET; THENCE LEAVING SAID PARALLEL LINE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'44" AN ARC
DISTANCE OF 22.03 FEET TO A POINT OF A REVERSE CURVE CONCAVE
NORTHERLY RAVING A RADIUS OF 41.00 FEET; THENCE ALONG SAID REVERSE
CURVE THROUGH A CENTRAL ANGLE OF 140°28'44'' AN ARC DISTANCE OF
100.52 FEET TO A POINT ON THE NORTHERLY LINE OF LAND DESCRIBED IN
SAID GRANT DEED; THENCE ALONG SAID NORTHERLY LINE SOUTH 88°49~37''
EAST 299.00 FEET TO THE POINT OF BEGINNING.
RAVING AN AREA OF 6,376 SQUARE FEET.
PARCEL 2: STORM DRAIN EASEMENT
COMMENCING AT THE NORTHEAST CORNER OF LAND DESCRIBED IN SAID GRANT
DEED; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 88°49'37" WEST
313.00 FEET TO A POINT OF A NON-TANGENT CURVE CONCAVE EASTERLY
RAVING A RADIUS OF 100.00 FEET, TO WHICH POINT A RADIAL LINE BEARS
NORTH 88049'37'' WEST SAID POINT BEING THE TRUE POINT OF BEGINNING
OF THE CENTERLINE OF A 24 FOOT WIDE STRIP OF LAND LYING 10 FEET
WESTERLY AND 14 FEET EASTERLY OF SAID CENTERLINE; THENCE ALONG SAID
CURVE AND CENTERLINE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF
41014'02'' AN ARC DISTANCE OF 71.97 TO A POINT OF TERMINUS.
THE SIDELINES OF SAID 24 FOOT STRIP SHALL TERMINATE IN THE
NORTHERLY LINE OF LAND DESCRIBED IN SAND GRANT DEED AND RADIALLY TO
SAID POINT OF TERMINUS.
RAVING AN AREA OF 1,693 SQUARE FEET.
cov4054 3
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF
LICENSED L~ND S~VEYOR P.L.S. 3997
DAT~: .~/~/~
cov4054 4
T
EXHIBIT "B"
P,O,B.
CAMINO , EL ~, ~IBOD' DORADO
....,-- , NB8'.~9 37"w , X
~ 19B.00 ~ ,..*-- 125.00 --,. ~-S-~:_195.00~
~/~~ ~ ~ ~ u ~ SCA~
1"=100'
~' ~C2 C1
~/~
0 g I L I DIRECTION
2, I L11so1'oo'16"w
/ I"~ I,~'~.';~"w I =o~.~.'1
~ I I c I .Ao., I ,ENC~ I DELTA
~ I I C~ I 25.00 I 22.03' ~50'28'44"
~ ~ ic21 4too' I m0.52'
~ ~ IC31mo.oo'I 71,97'~ 41~4'02"
, · ¢ 0 ~ I","'.'
0 ~ ~ ~ ~ PUBLIC RIGHT-OF-WAY
~ z z EASEMENT
6,376 SQ.~.
DENO~S
DRAINAGE EASEMENT
1,893 SQ.~.
~ 198.01' ~ -- 125.01' ~ SE COR NE 1 4
~ N 89'59'52" W 525.02' ~ ,..-...' ,,../.,
~, ,ocA'noN,, R'-'"UEZA ~1NB9'39'~?
~ENCINITAS BLVD.\ ~ ~(~ I ~9} DIMENSO S SHOWN HEREON
~,.(2}REQUEZA ST. ~ I 1T I ' I v ARE DERIVED FROM RECORD DATA
~MELBA RD. ~ ...L. t'"'~] ~
CITY OF ENClNITAS~sANTA gE DR.
(Z~BRACERO ~D. ~,x'~ i ~ '-"*"'-"~'"'T PLAT
%(~)BONITA DR. ' /%/ I ~ /
f~-CAMINO EL DORADO %\~ ~ ,
'~(~CAMINO DE ORCHIDIA :&~X VICINITY MAP A.P.NO. IVESTING:
Right-of-Woy Engineering Services, Inc. 258-140--.35 ! JAMES F. OR IRENE ROSE MCGARVEY
Lona Surveying ?.~R--140--~6 I O0 TRUSTEES, U.T.D. 12/30/75
4-167 AVENIDA DE LA PLATA, SUITE 114, -
OCEANSIDE, CA. 92056 I I
/619/ 732-1,:366 ACAD FNAME: MACGARV. DWG DRAWN: MdG DATE: 9/01/95 SHEET: 10F1