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1996-593427 1996-059 ? Recording Requested By: · ) 22-HOU-1996 .01=16 PM ' City of Encinitas ) ~ilCI~ R~OROS ) SAN OIE~ CO~TY ~C~O~'S OFFICE When Recorded Mail to: ) City Clerk ) Clty of Enclnltas ) FEES~ 0.~ 505 South Vulcan Avenue ) Enolnltas, C~ 92024 )~ FOR THE BENEFIT OF THE CITY ~SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel Project No.:Pu~DROZ No. 258-370-~ ~ W.O. No.: Richard G. Peers and Jane W. Peers, husband and wife, as joint tenants subject to the effect of Homestead Declaration recorded September 8, 1977 as file no. 77-369907 of official records, 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, co=4054 1 2096 The Grantor hereby further grants to the CITY OF ENCINITAS the privflege 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, together with the right to use the same in s~-~anner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. -..~ ...... :ny ......... g .... ................ ~ ........ = ~re~er/y Dated this Z~ f~' day of ~'£m~mA~/. , 19~ Richard G. Peers and Jane W. Peers, Husband and Wife. as Joint Tenants Richard G. Peers J~de' ~. -Peer~ Signature of Owner? to be notarized. I 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-Wa~ Dedication and consents to Date:rec°rdati°n~l 10/~there°f by its By:dUly ~ ~o~.. ~ I ~ ~ U~UT~,' ~ '~ I -' Alan D. Archibald Director of Engineering Services City of Encinitas COV4054 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared /~/~./-(~-iz~-/~ ~'. ~'~T~/L)£ /.~-.2~ /,o~ ~/~ ~ (..__._.~_~.~..--~.) , Name(s) of Signer(s) [] personally known to me - OR -/.~proved to me on the basis of satisfacto~/evidence to be the person(s) whose name(s) i~ubscribed to thegn instrument and acknowledge~e.~e.~,~ me that he/sh he~..~xecuted the ................ ~ same inb/,~l:Le~uthorized capacity~ies), and that by ~*;;::Randa O. M~lllour' ' ur t his/h~gnature(s) on the '~nstrument the person(s) ~ g.r~,,,~l~ll~ Comm. #1038151 ~ or the entity upon behalf of which the person(s) acted, ~ NOTARY PUBLIC.CALIFORNIA ~ executed th i ~ S~.NO~GocOUt~Y1999 t e nstrument. t ,~.: ..~-_ ~ ~_-m: -_E-.~': ~": ~ ':; ~ W TNESS my hand and offca sea OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1994 National Notary Association · 8236 Remmet Ave., RO, Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHTBIT · .EG E CRn'TIO. 0 0 8 APN: 258-370-~ ~ A PORTION OF THE EASTERLY 60 FEET OF THE WESTERLY 80 FEET OF THE NORTHERLY 125.00 FEET OF THE SOUTHERLY 145.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE WESTERLY THEREOF NORTH 01002'48'' EAST 11.08 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 43°50' 49" EAST 15.33 FEET TO THE SOUTHERLY LINE THEREOF; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89°53'12'' WEST 10.82 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 60 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSE~) ~SURVEYOR P.L.S. 3997 DATE: 7/ hs cov4054 3 EXHIBIT "B" ~ N89'53'12"E~ (~l 60.01' 20' ~ ~ .".'.'.?.'., ~, z~" '.'..' ."... I..[.I° ~ ~j 1"=50' S 89'53'12" W ~/z SEE DETAIL P.O.B./ DETAIL m~l /// HEREON '~ 60.01' ~ -, N 89'55'12" E MELBA ROAD DENOTES EASEMENT AREA 60 SQ. FT. (~)~ ENCINITAS BLVD. __ 2(,~- REQUEZA ST. (,~.~. MELBA RD.  ~ SANTA FE DR. (~---~ REGAL RD. t ~..,, 6(,,,~-- NARDO RD. ~ BRACERO RD. VICINITY MAP Exp. 6/30,,/9( ~ CITY OF ENCINITAS O,ME.S,ONS S.OW..EREON EASEMENT PLAT ARE DERIVED FROM RECORD DATA A.P.N.: VESTING: Right-of-Way Engineering Services, Inc. ~ RICHARD G. PEERS & Land Surveying 258-570-~ JANE W. PEERS 4-167 AVENIDA DE LA PLATA, SUITE 114, HUSBAND AND WIFE JOINT TENANTS OCEANSIDE, CA. 92056 (619) 732-1366 ACAD FNAME: PEERS.DWG DRAWN: MJG DATE: 9/01/95 I SHEET: 1 OF 1