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1992-689513 ·Recording Request~y: City ,of Eacinitas ~en Recorded Mail to: City Engineer city of Encinitas 527 Encinitas Boulevard ~,¢~ Encinitas, CA 92024 FOR ~H~ B~N~FZ~ OF ~H~ t S~C~ ~BOV~ FOR R~CORD~R¢S US~ 0~ ~S~ENT FOR CITY HIG~AY ~E~ARY ~AN~ T~ ~~,,, ~o. 256-292-32 & ~.O. ~o.:2115~ 256-362-11 Pacific Scene, Inc. hereinafter called GRANTOR~, 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 AND MADE A PART HEREOF BY THIS REFERENCE TF/03/COV1-256WP5 (3-18-91) 1 789 .. '~'The Grantor hereBfurther'~ grants to the C~ OF ENCINITAS the privilege and rigqT~ to extend drainage structures and excavation · and emhankment 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 18th day of September , 19 9--2 PACIFIC SCENE, INC., a California Corporation ~ OWNER: Signature of Owner's 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 July 27, 1987 that the City of Encinitas consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its duly authorized officer. Date: !~-~-~'k-- By: ~ct~.~--~ ~M~na e rWARREN H. SHAFER, CiTy ~ g City of Encinitas TF/03/COV1-256WP5 (3-18-91) 2 · 791 EXHIBIT 'A' LEGAL DESCRIPTION STREET DEDICATION PARCEL A All that portion of Lot 10, Block N, of Seaside Gardens, in the City of Encinitas, County of San DiegO, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County on August 6, 1924, described as follows: Beginning at the southeast corner of said Lot 10; thence South ?10 13' 26" West 23.06 feet along the southerly line of said Lot 10 to a point on a tangent curve concave northwesterly having a radius of 20.00 feet; thence easterly, northeasterly, northerly and northwesterly along the arc of said curve through a central angle of 980 07' 56" an arc distance of 34.25 feet, to a point in the easterly line of said Lot 10; thence South 260 54' 30" East 23.06 feet along said easterly line to the point of beginning. PARCEL B All that portion of Lot 1, Block O, of Seaside Gardens, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County on August 6, 1924, described as follows: Beginning at the northeast corner of said Lot 1; thence South 710 13' 26" West 19.99 feet along the northerly line of said Lot 1 to a point on a tangent curve concave southwesterly having a radius of 20.00 feet; thence easterly, southeasterly, and southerly along the arc of said curve through a central angle of 89~ 58' 46" an arc distance of 31.41 feet, to a point in the easterly line of said Lot 1; thence North 18o 47' 48" West 19.99 feet along said easterly line to the point of beginning. Tat L. WaR.C.E. 26433 .._.. My registration expires 3/31/96 ~~~ 6TMEET DEITIC, ATION ~HOWN NEREON Oraer NOo N/A ~, Escrow No. N/A ~ 9 3 SAN DIEGO .n ~NTY Loan No. N/A ANNETTE EU~NS, COUNTY REC¢'DS'. FEES: 0.00 RECORDING REQUESTED BY: City of Encinitas ~EN RECORDED, ~IL TO: City Clerk City of E~oinitas 527 ~ncin~ta~ Blvd. Encinitas~ C~ ~2024 RIL TAX STATEMENTS TO: D~YT~RT~$ City Clerk ~o.,~; O~ City of Encinitas __Com~t~ ~ ~ e~d~ 527 Enci~itas Blvd. ~b~ ~-I-I-~ at ~. of~.. Encinitas, CA 92024 ~ Of ~t or ~mt d~lnln~ A.P.N. 256-362-11 & 256-292-32 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Scene, Inc. a California Corporation hereby GRANTS(S) to the City of Encinitas the real property in the City of Encinitas, County of San Diego, State of California, described as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE PACIFIC SCENE, INC., a California Corporation Jon ~ . ' President 794 I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Right-of-way Dedication and consents to recordation thereof by its duly authorized officer. Date: 10~-q~-~ By: ~0~? : ~ ~--~ __ Warren H. sharer, C~y Manager city of Encinitas State of California County of San Diego On... September 18, 1992 before me, Kathryn L. Sisko (here Inserl name and t~le of the officer) personally appeared Jon B. Werner, Sr. Vice President, pe..rso~nally known to me'-~.~ prcv~ to ,?,~ on i.e bas s u~ ~at;~,:,.y-~vkJenoe) to be the person~whose name~ is/~subscribed to the ~Rhin Inst~ment and acknowledged to me that he/she/they executed the same in his/~~ au~ho~zed capaclty~ and t~at by his/~t~ signatare~on the inst~ment the erson or the en ' ' beha~ of which the p~rson(s) acted, executed t~e instrument. P ~ t~y u~n WITNESS my official hand and seal. · _ - - ~ ~ ~ L Sisko ~ ~ARY ~IBLIC-CALIFORNIA S~natur ' ~(~eal) ~ PRINCIPAL ~FICE ~N ~/ ~N DIE~ ~U~ SD.3~ 795 EXHIBIT 'A' LEGAL DESCRIPTION SIDEWALK EASEMENT PARCEL A All that portion of Lot 10, Block N, of Seaside Gardens, in the City of Encinitas, County of San DiegO, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County on August 6, 1924, described as follows: Beginning at the southeast corner of said Lot 10; thence South 13' 26" West 46.68 feet along the southerly line of said Lot 10 to the TRUE POINT OF BEGINNING, said point being on a non-tangent curve concave southerly having a radius of 83.00 feet, a radial line to said point bears North 080 18' 20" West; thence westerly along the arc of said curve through a central angle of 200 56' 29" an arc distance of 30.34 feet, to a point in the southerly line of said Lot 10; thence North 71o 13' 26" East 30.17 feet along said southerly line to the TRUE POINT OF BEGINNING. PARCEL B All that portion of Lot 11, Block N, of Seaside Gardens, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County on August 6, 1924, described as follows: Beginning at the southeas~ corner of Lot 10 of said Bi'Ock N; thence South 71o 13' 26" West 133.25 feet along the southerly line of said Lot 10 and Lot 11 to the TRUE POINT OF BEGINNING, said point being on a non-tangent curve concave southerly having a radius of 90.00 feet, a radial line to said point bears North 05o 53' 08" West; thence westerly along the arc of said curve through a central angle of 250 46' 53" an arc distance of 40.50 feet, to a point in the southerly line of said Lot 11; thence North 71o 13' 26" East 40.16 feet along said southerly line to the TRUE POINT OF BEGINNING. 796 PARCEL C All that portion of Lot 1, Block O, of Seaside Gardens, in the City of Encinitas, County of San DieGo, State of California, accordinG to Map thereof No. 1800, filed in the Office of the County Recorder of San DieGo County on AuGust 6, 1924, described as follows: BeGinninG at the northeast corner of said Lot 1; thence South 13' 26" West 40.47 feet alonG the northerly line of said Lot 1 to the TRUE POINT OF BEGINNING, said point beinG on a non-tanGent curve concave northerly having a radius of 46.00 feet, a radial line to said point bears South 410 06' 49" East; thence westerly alonG the arc of said curve through a central angle of 44~ 40' 30" an arc distance of 35.87 feet, to a point in the northerly line of said Lot 1; thence North 71o 13' 26" East 34.97 feet alonG said northerly line to the TRUE POINT OF BEGINNING. Tat L. Wai~i{.C.E. 26433 My registration expires 3/31/96 ELIO SE AVENUE ..- P.o. I~. P.o.~- LO-~ 10 LO-F J PARCEL A ARE~= 81.08 S9.~. ~ ~=4~.00' L~.~7 ~ ~LLEY ~ ~ ~CAbE: I" ~ ~0 AREA = bO.~7 5~.FZ F~c6L D ~=~0.00'L.~O. 50' ~ 5~PEWALK EASEMENT 5HOW~ HEREON LA VETA AVENUE ~.~,,,,~ EXHIBIT 'B ~ ,.~,.~.,.~ ," 51DEWALK EA5EMENT ~Em s~,v,~,,~ J N 123~3