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2000-399773 2000-03 773 Recordin~ Requested By~ Jul 28, 2000 8:59 AI~ City of Encinitas OFFICIAL RECORDS When Recorded Mail to: 3G 9 ~. ~AN DIEGO COUNTY RECORDER'S OFFICE GF~GOE~ ,l. ~ITH, COUNTY REO]RDER City Clerk FEES: 0.00 City of Encinitas OC: NA Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE F( 2090:03..9~97~73,..,,,~., ~'°~']G'°tP EASEMENT FOR CITY HIGHWAY Assessor's Parcel Project No.: CMS95D No. 256-232-04 The Schneider Family Trust, hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENClNITAS, 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 EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, cov6250 3695 The Grantor hereby further grants to the CITY 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 pamel 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 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. Dated this ! ~, day of ~.'~ ,1999 r Family Trust Signature of Owners to be notarized. Attach the appropriate acknowledgements. cov6250 C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of On ,/~.' before me,*-i~/~-A/~,,~ ~r~nal~ ~pear~ ~ ~d. ~ ~/~ D ~onalN ~own to me - OR ~v~ to me ~ ~e~s~o~ ~den~ ~. ~e pe~~ ~ ........................ ., ~ ac~led~ me ~at ~w~xe~ ~e ~L~ u~ ~U~U~-~U~UHN~A~ ~ the ~lW u n beha~ of which ~ couu N .- ...... . -~ ~e ~m~(s) ~, [~/ . O. 1~2~ - ex "' ~ ~/ ~N DIEGO COU~ ~ ~ me ~n~mmenL ~ MY COMM. EXP. JAN. 5, ~ / ......................... ~ W~NESS my h~d and offidal s~. OP~O~L ~Hption of A~ached D~ument Ca~c~(ies} Claim~ by Signe~s} Q ~o~te O~cer ~ ~o~rate ~cer T~ ~ ~b h~e Signer Is Representing: Signer Is Representing: 3697 EXHIBIT A Legal Description Right of Way Acquisition That portion of Lot 23 of Passiflora Acres, in the County of San Diego, State of California, according to Map thereof No. 2355, filed in the office of the County Recorder of San Diego County, September 27, 1946, described as follows: BEGINNING at the southeast comer of said Lot 23; thence along the easterly line thereof, North 01°17'53" East 24.76 feet to A point of cusp with a curve concave northwesterly having a radius of 25.00 feet to which a radial line bears South 88°42'07" East; thence leaving said easterly line, southerly 39.03 feet along said curve through a central angle of 89026'48" to the southerly line of said Lot 23; thence along said southerly line, South 89°15'19" East 24.76 feet to the Point of BEGINNiNG, all as shown on the map attached herewith and made a part hereto. Prepared By: NOLTE and ASSOCIATES, Inc. Ronald C. Parker Date Exp.: 6-30-00 L.S. 4312 ~,~ ~ I 256 - 2J2- 04 SCHNEIDER FAMIZ Y TRUST ~ s~.~2 o7'~ ~=zs. oo'  P.O.B. SOUTHEAST ~ 2~.76' CO~NER OF ~07 2~ PA~IFLO~A PLACE 2~6 - 2~2 - ~ 70 BE ACOUIRED BY THE c/rF OF ENC/N/r~s = ~Z~ SF O' 40' ~0' RONALD ~ PARKER DA TE i t.~ 4312 .... GRAPHIC SCALE SCAL~' 1'~ 40' EX~ :-zo-oo EXHIBIT B SHEET NUMBER ~ RIGHT OF WAY AOOUISITION APN 256-232-04 SCHNEIDER FAMILY TRUST B E YON D E N G I N E E R I NG OF ~ SHEETS 3699 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant dated the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas cov6250