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1995-215030 Recording' Reque:s~d By: ~OC ~ city of Encinitas 2~-MAY-1995 09~2 AM When Recorded Mail to: 4 ! 4 OFFICIAL RECTOS city Clerk S~N OIE~ COUNTY RECO~R'S ~FICE GREGORY SMITH, COUNTY RECOROER Clty of Enclnltas 1~/ FEES.' 0.00 505 South Vulcan Avenue Encinitas, CA 92024 ) ) FOR THE BENEFIT OF THE CITY ) )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel Project No.: 4186 I No. 259-121-21 W.O. No.: 94-057 DR/V MITSUI/SBD AMERICA FUND 87-II, A CALIFORNIA LIMITED PARTNERSHIP 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 The Grantor here~further grants to the 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. Signature of Owner~ to be notarized. Attach tile 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~nd consents to recordation~hereof by its duly/~uth~d ~C~ Date: ~/'7.'{ ~ By: [ ~ Alin D. Ar6hlbald Director of Engineering Se~ices City of Encinitas cov4054 2 CALIFORNIA ALL-PURP~[ ACKNOWLEDGMENT County of On ~J(~r,~ before me, ~ DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, N T~.~y PUBLIC" personally appeared ~-'4::~/1,'L,~-d NAME(S) OF SIGNER(S) ~' personally known to me - OR - [] proved to, ,-,~ o,-, the,~,~o,~'- - ~:- ~,,-' ~at:,sfactory ev',d~ncc to be the person(~ whose name(~ subscribed to the within instrument and ac- knowledged to me t~hat(~'sl~e/th~ey executed the same in ~_~b,.~/th~r..p.~thorized capacity(i~e~), and that by i~.j_s~'~a'/th~r signature(~)' on the instrument the person.(.~, ............... or the entity upon behalf of which the  .~EszoooAm ~' person(~ly acted, executed the instrument. COMM. ~ ~8196 z Notary Pult~c -- Calif.'hie OR,'.N~E COUNW · ~~~m--cia My Comm. Exit, MAR 29, 1~? I seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to pemons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(SI 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 417 EXHIBIT "A" ADDITIONAL STREET DEDICATION FOR VIA MONTORO ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 4274 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT POINT "B" AS MENTIONED IN THAT CERTAIN ROAD AND PUBLIC UTILITY EASEMENT, SAID EASEMENT BEING DESCRIBED AS PARCEL 2 IN A GRANT DEED TO SHAPELL INDUSTRIES, RECORDED MARCH 2, 1979, AS INSTRUMENT 79-089514, RECORDS OF SAID COUNTY, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID PARCEL 2 OF PARCEL MAP 4274 WITH THE GENERALLY SOUTHERLY LINE OF PARCEL 2 OF SAID ROAD EASEMENT, SAID GENERALLY SOUTHERLY LINE BEING A 430.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT "B" BEARS SOUTH 5°46'51'' EAST; THENCE EASTERLY ALONG SAID GENERALLY SOUTHERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 56' 45", AN ARC LENGTH OF 52.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID GENERALLY SOUTHERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3" 32' lY', AN ARC LENGTH OF 26.54 FEET; THENCE TANGENT TO SAID CURVE AND CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 73° 44' 11" EAST 542.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 20.00 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", AN ARC LENGTH OF 31.42 TO POINT "C" OF PARCEL 2 OF SAID ROAD EASEMENT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AS SHOWN ON SAID PARCEL MAP 4274, SAID LINE BEING PARALLEL WITH AND DISTANT 63.00 FEET WESTERLY OF THE CENTERLINE OF SAID EL CAMINO REAL; THENCE LEAVING SAID GENERALLY SOUTHERLY LINE AND ALONG SAID RIGHT-OF-WAY LINE, TANGENT TO SAID CURVE, SOUTH 16° 15'49" EAST, A DISTANCE OF 5.00 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE LEAVING SAID RIGHT- OF-WAY LINE, NORTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" AN ARC LENGTH OF 31.42 FEET TO A LINE PARALLEL WITH AND DISTANT 5.00 FEET SOUTHERLY OF SAID GENERALLY SOUTHERLY LINE OF PARCEL 2 OF SAID ROAD EASEMENT; THENCE, ALONG SAID PARALLEL LINE, TANGENT TO SAID CURVE, SOUTH 73° 44' 11" WEST, A DISTANCE OF 517.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 120.76 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 37' 46" AN ARC LENGTH OF 22.40 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 245.62 FEET (A RADIAL TO THIS POINT BEARS NORTH 05° 38' 03" WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 05' 33" AN ARC LENGTH OF 30.40 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL IS SHOWN ON A SKETCH TITLED EXHIBIT "B" f, -- ~ I~tRI~Y L. ~AJL~C~R - ~S 4465 ~~-~ REGI STRAT~IN EXPIRES 9/30/97 I o.*f 3 k LINE TABLE (RAD) £~/, CF LIN~ BEARING LENG~ T.P.O,B. ~ L1 N 16'15'49" W L = 5.00' 5'46'51" E (RAD) CURVE TABLE P 'T "B" P.O.C. ¢ ,¢-~k CURVE DELTA RADIUS LENGTH C2 ~ = 07"05'35" R = 245.62' L = 30.40' C5 ~ = 10'37'46" R = 120.76' L = 22.40' C4 A = 90'00'00" R = 20.00' L = 31.42' C5 A = 90'00'00" R = 20.00' L = 31.42' C6 A ~ 05'32'13" R = 430.00' L = 26.54' ~~ AREA SUMMARY ~RRY~WALKER REG. ~XP~ 9-30-97 ADDITIONAL AREA OF DEDICATION 2,811 SQ. FT.  EXHIBIT "B" ~ & A8800~A%~8 1 OF 1 ADDITIONAL STREET DEDICATION FOR VIA MONTORO TEL. (~4) ~60-8~000 K:~DRA~NGS~SP~SP3150~STDED 2-21-95 ~:57:17 pm EST