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1988-122489· ' WHEN' RECORDED, PLEASE MAIL 1 ' THIS ,INSTRUMENT TO: 1 City Clerk 1 City of Encinitas 1 535 Encinitas Blvd., Ste. 100 1 Encinitas, California 92024 1 NO TRANSFER TAX DUE DEPT. GENERAL SERVICES 1 SPACE ABO~-~c-OR RECORDER'S-t~SE ONLY GRANT DEED CLEAR SPACE EASENENT NO FEE Project: JASPER STREET Assessor's Parcel W.O. No.: TY3154 No. 254-302-14 Parcel No.: 86-0455-B1 Log No.: 236-07 MARTIN LUTHER WEISS~ a widower For a valuable consideration do(es) hereby GRANT to the CITY OF ENCINITAS all that real property in the City of Encinitas, State of California described as follows: Parcel No. 86-0455-B1 (3-8-88) (ENG:DMW:mrt) A perpetual "Clear Space" Easement to maintain proper vehicular sight distance over, upon, and across those portions of Lot 5 and the Westerly 34.56 feet of Lot 3, both in Block 7 of SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of said County, September 21, 1925, lying Southwesterly of the following described line: COMMENCING at the Southwesterly corner of said Lot 5, being a point on the Northeasterly right-of-way line of Jasper Street (40.00 feet wide) as shown on said Map No. 1859; thence along the Westerly line of said Lot 5, North 15043'30'' West, 20.63 feet to the TRUE POINT OF BEGINNING; thence parallel with said Northeasterly right-of-way line of Jasper Street, South 44o43'30'' East, 18.04 feet; thence leaving said parallel line, South 55059'47'' East, 139.38 feet to a point on a 120 foot radius curve, concave Northerly, being concentric with and 10.00 feet Northerly of said Northeasterly right-of-way line of Jasper Street; thence along said concentric line to a point on the Easterly line of said Westerly 34.56 feet of Lot 3 and the POINT OF TERMINUS. a) Grantor also grants the right to Grantee to enter upon the subject land and remove or trim any vegetation or other obstruction contrary to the purpose of this easement. b) Grantor covenants and agrees for itself and its successors and assigns not to construct any structure or plant any vegetation that will obstruct the sight distance over the subject land. c) The granting of this easement is for the purpose of controlling the use of the land within the "Clear Space" easement and does not authorize or imply that subject land may be used by '~t~e general public. d) Grantor shall have the right but not the duty to control any natural or spontaneous growth within said easement. e) Grantor hereby further grants to Grantee all trees, growth (now growing or that may hereafter grow) and road building materials within said easement, together with the right to use the same in such manner and at such locations as said Grantee might deem proper, needful or necessary in the construction, reconstruction, improvement or maintenance of the adjacent highway. f) Grantor for himself, his successors and assigns, hereby waives any claim for any and all damages to Gran~or's re~ining property adjacent to the easement bereby conveyed by reason of the location, construction, landscaping or maintenance of said adjacent highway. MARTIN LUTHER WEISS STATE OF .,~.~-.\,~,.,,'-~,: ~,~c~ ~, County of hz.,.... ~-~,,;.:~., . ss. On ~.~:. ~-~ XX ; ,, l~belore me, the unde?igne~, ~ Notary Public in and ~or said County and State, personally apl)eared _~.~.~ ~..__.~>~ ~ ~ ~;~ ,. :~ known to me to he Ule person_ _ whose name subscribed to the within instrument, and acknowledged that ~ __ executed the same. Witness my band and official seal. ~-- ~ ~ ~' '~ RENEE L. MARRON ~' , t ~ I~ Notary P~blic-Califomia Notary Public in and for said County and St~t:--- ~. ~:~. m: STATE OF CALIFORNIA, '1 County of San Diego.~ sso On this day of in the year 19 ,, before me, RQBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court in and for said County, which is a court of record having a seal, personally appeared known to me to be the person described in and whose narne subscribed to and who executed the annexed instrument, and acknowledged to me that he .executed the same. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Court at my office in the County of San Diego, the day and year in this Certificate !irst above written ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court By , Deputy This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by Resolution of said Board ,~dopt~d on March 20, 1979 a.d th~ Grantee consents to recor- dation thereof by its duly authorized officer. Dated : _~ R.J. PFLIMLIN, Director of Real Property CITY OF ENCiKITAS 527 ENCINITAS BOULEVARD ENCINITAS, CALIFOR/{IA 92024 (619) 944-5050 DATE: 3/15/88 TO: Office of Vera Lyle San Diego County Recorder RE: Grant Deed, Clear Space Easement P.O. Box 1750 San Diego, CA 92101 ATTENTION: FROM: Jane Pool, City Clerk Enclosed. XX . Under Separate Cover_ Please Find: Grant Deed from Martin LUther Weiss to City of Encinitas Hand_ VIA: Mail_ XX Messenger_ Please return enclosures For your information '- Pl£ase telephone me For your files - Please read and advise me in accordance with your request how to reply Please acknowledge with Please sign 'receipt Please handle Please complete -- ' Please read XX Please record Please forward Please co~u~ent - In accordance with our Please notarize telephone conve~sa~lo Comments: CITY OF ENCINITAS cc: C~ cle~ k CFP/~I-09 (10-15-67)