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1993-367906 Recording By: ~ ~. City of Encinitas DOC ~ ~ ~--~ ~,J~l~00 ~en Recorded Mail to: City Engineer ~ ' ~.?~,r~c City of Encinitas ~ ~E~ pn '~v ~ ,, n . 527 Encinitas Boulevard ~NN~,TE ;Lm~c. , n, ~.~ *:2tOK~s~ Encinitas, CA 92024 FE~ ~,~ FOR THE B~EFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY ~ME~Y~SFERT~$.~ O- ~S~E~ FOR CITY HXG~AY Assessor's Parcel Project No. :92-043BA/CC No. 254-161-02 W.O. No.: N/A Edwin~and Dorothy Turner hereinafter called GRANTOR(S), do(~) 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 TF/03/COVl-256WP5 3-18-91) 1 The Grantor h=~ further grants to the Y OF ENCINITAS the privilege andright 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 29 day of May 19 93 State of Missouri County of Boone On this the 29 day of May 1993 Edwin And Dorothy Turner did sisn before me a notary republic of their own Edwin Turner free will. ,.,'~. ~.7/ '.. Belinda Hulen 0 ..!:"Slgnature of Owner:s to be notarized. '':~:"' JAttach 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 July 27, 1987 that the City of Encinitas consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its duly authorized officer. WARREN H. SHAFER of fCOVl-256WP5 (3-18-91) 2 3! EXHIBIT Page 1 of That portion of Lot 36 of CREST ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2019, filed in the Office of the County Recorder of said San Diego County, May 3, 1927, described as follows: Commencing at the Southwest corner of said Lot 36; thence Northeasterly along the Southerly boundary of said Lot 36 North 68°26'43'' East 180.94 feet (North 68°40' East 180.41 feet, record); and North 66°25'26" East (North 66° East, record) 43.33 feet to the most Southerly corner of land described in deed to Edwin Turner and Dorothy Turner recorded November 13, 1958 at Book 7348 Page 268 of Official Records, said point being also the True Point of Beginning; thence continuing along the Southerly boundary of said Lot 36 North 66°25'26" East ( North 66° East, Record) 105.40 feet to the beginning of a tangent 210.13 foot radius curve, concave Northwesterly, to which a radial line bears South 23°34'34'' East; and Northeasterly along the arc of said curve 97.80 feet through a central angle of 26°40'00" to a point of reverse curvature with a 123.66 foot radius curve, concave Southeasterly, to which a radial line bears South 50"14'34" East; and Northeasterly along the arc of said curve 25.66 feet through a central angle of 11°53'21" to a point on the arc of said curve to which a radial line bears South 38°21'13" East (South 38°46'39- East, Record), said point being also a point on the Easterly boundary of said Turners' land; thence North 5°34'30- West 8.24 feet (North 5°25'24'' West, Record) along the boundary of said Turners' land to a point on the arc of a 130.66 foot radius curve, concave Southeasterly, to which a radial line bears North 36°23'54" West; thence Southwesterly along the arc of said curve 31.57 feet through a central angle of 13°50'41" to a point of reverse curvature with a 203.13 foot radius curve, concave Northwesterly, to which a radial line bears South 50°14'34- East; thence Southwesterly along the arc of said curve 94.54 feet through a central angle of 26°40'00" to a point on the arc of said curve to which a radial line bears South 23°34'34- East; thence South 66°25'26" West 104.29 feet to a point on the Westerly boundary of said Turners' land; thence South 14°33'40" East along the boundary of said Turners' land 7.09 feet to the True Point of Beginning. 1532 EXHIB]T "A" SHEET 2 OF 2 P~CEL A AP~ 254-~6]-02 ~E~ PROPOS~ PER ~DRY AD~S~ ~ EX/SNNG PROPER~ LINES ~ PR/OR ~ ~DRY AD~S[ ~ PARCEL C APN 254-161-10 GERLACH PARCEL B ~o~ ~ ~.~' ~ 2o~.~' LOT J~ RESOURCE DEVELOPMENT CORPORATION ,JNgO-34U