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1996-593423Recordi.~g Requested By: Qity of Encinitas When Recorded Mail to: city Clerk City of Encinltas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY · C # I %-05Z 423 ) ) ) ) '. ) ) 2001 ) ) )SPACE ABOVE FOR RECORDER,S USE ONLY 2Z-HOU-1996 01~16 PI'I OFFICIAL RECI)RDS SAN DIEGO COUNTY RECDIU)ER'S OFFICE GREGORY SlIITH, COUNTY RE(OROER FEEg, O, O0 FOR CZTY HIGHWAY Assessor's Parcel No. 258-140-08,09 Project NO.:PADROZ w.o. No.: W,~ F~-~Y Mikhiro Ando and Soon J. Shin, 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 lnthe City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO ANDMADE A PART H~/~EOF BY THIS REFERENCE, cov4054 1 2062 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 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, hersbywaives 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 ~ day of Mikhiro Ando~ ...... Soon J. Shin Mikhiro Ando and Soon J. OWNER: Shin Signature of Owners to be notarized. Attach 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 November 9, 1994 that the City of Encinitas consents to the making of the foregoing Righ%-of-Wa¥ Dedication and coDs,nts to r.cordation thereof by its duly/~thor~ed~off~ce~_n~ Date: ~ By= k;~u~.~.~~/~l\~{ ~~]/ Alan D. Archibald Director of Engineering Services City of Encinitas c0v4054 2 CAL,IFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of County of L~ On ~.-/'o ,~ ~ ~8 Cz. personally appeared before me, Z063 NAME, ~ITLE OF OFFICE'~ E.G., JAN~ ~'~'E, N(~TARY PUBLIC" ' NAME(E) OF SIGNER(© [] personally known to me - OR -,~proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-~e subscribed to the within instrument and ac- knowledged to me that-~e/she/~y executed the same in I~e-/her/t. he~ authorized capacity(ies), and that by signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachrnent of this form. CAPACITY CLAIMED BY SIGNER ~'/INDIVIDUAL [] CORPORATE OFFICER [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-FORNEY. IN.FACT [] TRUSTEE(S) I'-] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYp~bF Do~;UMEN~I""7--- NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(~ES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 ~X'~IBXT "A" I:-BGAX, DESCRXPTXoM APN: 258-140-08,09 A PORTION OF LAND IN THE SOUTHEAST QUARTER OF TEE NORTHEAST QUARTER OF SECTION 15f TOWNSHIP 13 SOUTHw RANGE 4 WEST OF THE SAR EERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTy OF SANDIEGO, STATE OF CALIFORNIA. SAID PORTION LIES WITHIN LAND DESCRIBED IN GRANT DEED RECORDED SEPTt~iBER 18, 1951 AS DOCUMENT NO. 113921 OF OFFICIAL RECORDS OF SAID cOUNTY AND GRANT DEED RECORDED DECEMBER 17, 1990 AS DOCUMENT NO. 90-670099 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID DOCUMENT NO. 113921; THENCE A/uONG THE WESTERLY LINE THEREOF NORTH 00°00'16# EAST 30.00 FEET; THENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHERLY LINE OF 30 FOOT STRIP OF LAND DESCRIBED AS PARCEL 2 IN DOCUMENT RECORDED AUGUST 27, 1981 AS FILE/PAGE 81-273817 OF OFFICIAL RECORDS OF SAID COUNTY SOUTH 89039'§2# EAST 17.00 FEET, TO THE TRUE POINT BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 01°00'16" EAST 373.55 FEET;'THENCE NORTH 46°00'16# EAST 9.5§ FEET; THENCE NORTH 01°00'16'' EAST 9.79 FEET TO THE NORTH LINE OF LAND DESCRIBED IN DEED RECORDED DECEMBER 17, 1990 AS DOCUMENT NO. 1990-670099 OF OFFICIAL RECORDS OF SAID COUNTY BEING A POINT OF TERMINUS. HAVING AN ARF_J% OF 6,719 SQUARE PEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSED L~~ SURVEYOR 3997 DATE: 0ov4054 3 SCALE 1"=100' EXHIBIT ;B" 0 W POINT OF COMMENCEMENT DENOTES PUBUC ROAD EASEMENT EASEMENT AREA (5,719 SQ. FT. N 89'39'52' W 388.76' / F/P SE 1/4 389.15' DOC. T.P.O.B. m 589.98' N 89'39'52' W STREET 2065 0 0 ~-~ SE. COR. NE I/4 SEC. 15 Right-of-Woy Engineering Services, Inc. Lond Surveying 4167 AVENIDA DE LA PLATA, SUITE 114, OCEANSIDE. CA. 92056 (619) 732-1366 ACAD FNAME:SHIN.DWO ASSESSO%S, PA.CEL NO, I V[S~N6: 258 140-08 I MIKIHIRO AND0 & 258--140--09 I ....... ..S. OON .~, SH,N ORAn= .~G I DA~ ~0/~/.~ I ~"~= ' 0~ EASEMENT PLAT ~ ~'lZ)-~ ~iD DETAIL 'A' '""'"'"'"~' b NO sca ....._ Exp. 6/30/9~ ARE DERI~D ~OM RECORD DATA REGAL R~ ~.~.~o .~ CI~ BRA~D~E ~ ~ClNIW MAP ~eONmT* ~. ' m. cxamNo EL ~0~0 CAV~NO ~ ORCHmOm*