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1998-165054"'' ecor in Re uesDOE 1998-0165054 City of Encinitas ~a~ ~6~ 1998 ]11:~ When Recorded Mail to: City Clerk 0FFICIALRE00RDS SAN DIEGO COUNTY REOORDER'S OFFICE] city of Encinitas ! ? 0 9 GEGORY .~. SMITH, COUNTY RE~ORDER 505 South Vulcan Avenue Encinitas, CA 92024 FEES: 0.00 ~: OC FOR THE BENEFIT OF THE CITY WA~: 1998-01660~ Assessor's Parcel Project No.:PADRQZ No. 258-350-29 W.O. No.: Robert E. Ruf and Carol Deane Remson, husband and wife, 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 AND MADE A PART HEREOF BY THIS REFERENCE, c0v4054 1 1710 The Grantor here urther 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. Dated this /:~~ day of /~'(L4~/~, 19~ Robert E. Ruf and Carol Deane Remson, husband and wife, as Joint tenants Carol Dearie Remson Signature of Owners 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 an~ consents to recordation thereof by its duly~7~r~e~ o_f~!~.~ fj Date: ~//~/~ By: {/L~t/~ l~J (~ Alan D. Archibald Director of Engineering Services city of Encinitas cov4054 2 CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT ]. 7 State of County of On ~ Date Name and TRle of Offi~r (e,g., "Jan~ ~e, Nota~ Publ~") personally appeared ~0~ ~. ~ ~ ~ ~. ~Z~/ Name(s) ~ Signer(s) ~ personally known to me - OR. roved to me on the basis of s~cto~ evidence to be the person(s) whose name(s) i~ubscribed to th~ instrument and acknowledg~ me that he/sh~he~xecuted the ~*~ =~ t ~ ~:: ~:::::::::::: :~ same in ~e~thorized capaci~es), and that by ~;e~ Randa G. Milljour ~ his/h~gi nature()s on the instrument the person(),s .~ Comm. ~1038151 n r ' :~ Nm~Ue~CAUFOR.~A ~ O the enhty upon behalf of which the person(s) acted, ~ S~N m~O ~OU~ ~ executed the instrument. WITNESS my hand and official seal. / mignature of Nm~ublic OPTIONAL Though the information below is not required by law, it may pmve valuable to pemons relying on the document and ~uld prevent fraudulent removal and reaflachment of this fo~ to another d~ument. 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 g Individual ~ Corporate Officer ~ Corporate Officer Title(s): ~tle(s): g Pa~ner-- ~ Limited g General ~ Padner-- ~ Limited ~ General ~ A~orney-in-Fact ~ Attorney-in-Fact g Trustee g 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: .', ' '~IF-RF2~S, those ~ies concerned, desire the Deed of T~st recorded Kove~er 3, I997 a~ File/Page No. !992-0703012 ~s~o~ated to Eas~ent for City ~igb~ay for Mow, ~erefore, for valuable consideration, the receipt of which her~y ac~owledqed, ~e ~dersigned ~FIC~y or TRUSTEE her~v waives ~e priority of said Deed of T~st in favor of said DO~ to the same e~ent as if said DOuu~ had been exerted prior to said Deed of T~st. TE~S COERCE BANK NATIONAI ASSOCIATION AS TRUSTEE June 5, 1997 DATED ~EFIC~y ~ST~--~-- Title: vP & TRUST OFFICER DATED My: WANDA CA~ Tit~e: LOAN ~MIN. & TRUST OFFICER Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgement. NOTARY PUBLIC STATE OF TEXAS I ce~-tify 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 Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Director of Engineering Services City of Encinitas cov4054 3 EXHIBIT "A" LEGAL DESCRIPTION 1713 APN: 258-350-29 THE WESTERLY 17 FEET OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SANDIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881. SAID PARCEL CONTAINS 2,769 SQUARE FEET MORE OR LESS. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSED LAND~URVEYOR P.L.S. 3997 DATE No. 3997 : cov4054 4 EXHIBIT "B" 1714 REQUEZA STREET ~ N 89'43'30" W 334,85' ~ SCALE - ~7.~s' ~'~ 1 "= 100' ~7 0 ~ ~ ~ ~ ~ REOUEZA ST. ~ . ~ ~ ~ ~ MELBA RD. a ~D ~ SArmA ~E D~. O~ Exp. 6/30/9~ Cl~ OF ENCINITAS EASEMENT PLAT A.P,~.: DIMENSIONS SHOWN HEREON 258-350-29 ARE DERIVED FROM RECORD DATA VESTING: Right-of-Way Engineering Services, Inc. ROBERT E. RUF · CAROL DEANE REMSON Land Surveying HUSBAND AND ~FE 2125 El Camino Reel Ste, 210 Oceenside, CA 9205~ (619) 757-4443 ACAD FNAME: ERHARDT.DWG )RAWN: MdG DATE: 6/15/95 SHEET: 1 OF 1