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2000-399772 DI]b-- 2000. -0399772 Recording Requested By: ) Ju ]_ 21~1. 2000 ~9 = 59 ~1['1 ) - City of Encinitas ) OFFICIIN. RED]RDS ) SM DIEGO COUNTY ~E~ORDER'S OFFICE When Recorded Mail to: ) 3 6 8 8 GREGORY ,1, ~ITH, CO~NTY RE[~RDER L~ City Clerk ) FEE~: 0,00 : City of Encinitas ) I]C: ~ ~L© ~ FOR THE BENEFIT OF THE Cl~ ) SPACE ABOVE ~ 2~0-0399772 ~ - EASEMENT FOR CI~ HIGHWAY Assessors Parcel Proje~ No.: ~ ~ No. 256-232-35 William J. Stanton and Lauralie M. Stanton 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" ATI'ACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, cov6250 3659 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 parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the wdtten 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. Datedthis _~-/.-~:~ dayof ~)~-7~F~r~ ,1999 William J. Stanton Lauralie M. Stanton Signature of Owners to be notarized. Attach the appropriate acknowledgements. cov6250 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) On October 22, 1999, before me, Lorinda J. Ansley, Notary Public, appeared William J. Stanton and Lauralie M. Stanton, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrmnent and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. [ WITNESS my hand and official seal~ :~/Ij[.,,,~:~ LORINDA O. ANSLEY ~ /? ~ / / ~ ~q~l~J~l;| NOTARY PU BLIC-CALIFORNIAL~ t,~ ~ . J / SAN DIEGO COUNTY co,,,. / ............... '--'--'"------'~-"Lorind~ Ansle~y ~lic G:\PL-95\ACK-all GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant dated IZ - 04- - 19'Y7 from 'Doc./Vt,. 19~'7- 0(:,i'39~-(2 .,1~) WIL£ /AIY? _7, -~' T~IVT~IV ZML) ZALI~AL I~- ,4A. ~'FAAI'TOAI T~ 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 ts duly authorized officer. Dated: Alan D. Archibald, P.E. Director of Engineering Sen/ices City of Encinitas cov6250 EXHIBIT A Legal Description Right of Way Acquisition That portion of Lot 29 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 southwest comer of said Lot 29; thence along the westerly line thereof, North 01 °17'53" East 17.24 feet to a point of cusp with a curve concave northeasterly having a radius of 25.00 feet to which a radial line bears North 88°42'07'' West; thence leaving said westerly line, southerly 18.94 feet along said curve through a central angle of 43023'49'' to the southerly line of said Lot 29; thence along said southerly line, North 89°15'19" West 6.84 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 ~. 4312 L.S. 4312 ! ~ XREFS: 3693 { I 256-232- 10 256-232- 11 ~> iV/A? LOT ~o' L 25G-232- 35 25~-232-04 ~[~NrON ~ 25~-2~2-3~ ~ =4J~J'49' P.O.B. SOUTHWEST ~ N8975'Ig"w CORNEN OF LOT 29 6.84' PAB81~LORA PLAOE T 256- 232- 33 ~ 256- 232- 34 256- 232- 52 256-232- 53 I ~ TO BE ACOUI££O BY THE ~'1 ~ -9,.0 C/fY OF ENC/N/TAS = 37 SF DE 6-~-~ / O' 40' 80' ~~ DATE 4312 ~APH/C SCALE SCAL~' l'~ ~0' EX~ 6-~0-00 ~X~T "~" ~ RIGHT OF WAY ACQUISITION ~.~..u~. APN 256-232-35 as~o~ SNe~N==.~N~ STANTON I SHEET SD0575