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2001-886896Record,ugRe estedBy: 000 001-0886896 City of Encinitas ) ]3EEC, OZ~-, 2007L ,4- = 31_ F'P'ii ) OFFiCI~L REOO~:DS ~en Recorded Mail to: ) SAN I)IE~0 COUNTY R[.OUR~E~ o UFF~I]:: Ci~ Clerk ) {iREGORY O. SMITH, COUNTY RECORDER Ci~ of ~ncinit~ ) FEES: 0.00 505 South Vulc~ Avenue ) Encinit~, CA 92024 ) ) FOR THE BENEFIT OF THE CITY ) )SPACE ~OVE FOR ~CO~ER'S USE ONLY Assessor's ~ No. Project No.: 98-306 254-411-18,19 W.O. No.: 6816-G STANDARD PACIFIC CORP., a Delaware Corporation. Hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public highway upon, over and across that certain mai 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, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) 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 the 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. grant.hwy standard pacific 98-306 Urania The Grantor hereby further grants to the 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 a 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 properly contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Datedthis ;~c/ dayofk/ovt. ,2001 Owner's Signature: Owner's Signature: Print Owner's Name: ¢~ Print Owner's Name: Signature of Owners to be notarized. Attach the appropriate acknowledgments. This is to certify that the interest in real property conveyed by deed or grant to 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: ////~¢'///~/ Leroy Bodas Director of Engineering Services City of Encinitas grant.hwy standard pacific 98-306 Urania 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On November 29, 2001, before me, Elizabeth Mosle¥ , Notary Public, personally appeared Brian Utsler personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ! ~ ~LIZABETH MOSLEY ~ ""/;~P' ~--~"~ COMM.#1171119 o ~ ,~-~ _.~r~._~ NOTARY PUBLIC-CALIFORNIA .~ ~,~7 SANDI£r. OCOUNTY ~ 'a ~,,~.,r~/t My Commisaton Expire8 '~' I ~_._ JANUARy_ 25, 2002_ _ [  THIS AREA FOR OFFICIAL NOTARIAL SEAL RBF Consulting 14725 Alton Parkway Irvine, California 92618 Revised November 7, 2001 October 22, 2001 EXHIBIT "A" JN 10-101080.1Z Page i of 1 LEGAL DESCRIPTION EASEMENT FOR CITY HIGHWAY TRACT NO. 98-306 Parcel 1 That certain parcel of land situated in the City of Encinitas, County of San Diego, State of California, being a portion of Lot 10 of City of Encinitas Tract No. 98-306 filed as Map No. 14249 in the Office of the County Recorder of said San Diego County, lying easterly of the following described line: BEGINNING at a point in the southerly line of said Lot 10, distant thereon South 85029'43'' West 2.60 feet from the southeasterly corner thereof; thence North 05004'26'' West 135.76 feet; thence North 02055'34'' East 16.38 feet to the northeasterly corner of said Lot 10. CONTAINING: 352 square feet. Parcel 2 That certain parcel of land situated in the City of Encinitas, County of San Diego, State of California, being a portion of Lot 11 of City of Encinitas Tract No. 98-306 filed as Map No. 14249 in the Office of the County Recorder of said San Diego County, lying easterly of the following describer line" BEGINNING at a point in the northerly line of said Lot 11, distant thereon South 85029'43'' West 2.60 feet from the northeasterly corner thereof; thence South 05°11'41'' East 42.77 feet; thence South 00°18'36" West 94.80 feet to a point in the southerly line of said Lot 11, said point being on a non-tangent curve concave northwesterly and having a radius of 20.00 feet, a radial line of said curve from said point bears North 60054'09'' West. CONTAINING: 364 square feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT "B" attached and by this reference made a part hereof. Gregory'A. Helmer, L.S. 51 v,,,T,m.,,~, NO2 °55 '34 "£ ' '"""- 16.~8 SUNRICH LANE /k/AP SEE SHEET 2 EXHIBIT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SHEEr ! OF 2 SHEERS PARCEL I EASEIdENr FOR CITY HIGHWAY WITHIN LOT I0 TRACT NO. ~8-~06 CaN~U~T~N~ CONTAINING: ~52 SQUARE FEET ~v. mVE~R 7, ~T~R 22, 2~ J.N. ~0-10~080 T,q,.-I o T HO, 9~,30b' yV/AF' IVCj~-/4249 N60 (RAD) O0 ?8" EXHIBIT 'B LEOAL DESCRIPTION FOR/ SHEET 2 OF 2 SHEETS EASEMENT FOR CITY HIGHWAY W/THIN LOT 11 TRACT NO. 98-306 aaNBULTIN~ SQUARE FEET ~w CONTAINING: ~T~R 22, 200~ J.N. tO-ZO~O ~ ~ATA~ 10101080~CA~PP[~EXH~XOOS,O~G