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