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,
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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.
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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
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