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1996-593434Recording Requested By: ..City of Encinitaa When Recorded Mail to: City Clerk City of EnCinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY 2137 , i A/.f[ )SPACE ABOVE ~OR ~K¢O~DER'S USE ONLY FOR CITY Asseseor'$ Parcel No. 258-140-11, 12 Project No.:PADROZ W.O. No.: Angela M. Aschbrenner, as Trustee under the Angela M. Aschbrenner Trust dated November 11, 1988, 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" ATTACHED BENETOANDMADE A PART HEREOF BY THIS REFERENCE, cov4054 !138 RESERVING unto grantor of the above described parcel'6f land, hie 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, 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. Dated this ~ day of ~, 19q~ A~gela M. Aschbrenner, as Trustee of the Angela M. Aschbrenner Trust dated OWNER: ~ ]signature of Owners to be notarized. ~A~ach the appropriate acknowledgements. I certify on behalf of the city Council of the City of Encinitae, 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 Right-of-Way Dedication and consents to Dat., I '[ Alan D. ~hibald Director of Engineering Services City of Encinitas cov4054 2 C~.LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ personally known to me - O~ ~oved to me on the basis of ~afisfacto~ evidense to be the · .,/ST.J,,e~[[l~ C~mm. #1038151 whose name(~re subscribed t.~.tqLt~wlthin instrument and acknowl~.~d to me that ~ey executed the same~j~i~'her~eir authorized capacity(les), and that by hi~_.~jb'eir"~'rgnature(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 inton'nation bek)w is not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: r~ Individual ~ Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact F] Trustee [] Guardian or Conservator LJ Other: Signer Is Representing: Top of thumb hem Signer's Name: [] Individual [] Corporate Officer q3tle(s): [] Partner-- [] Limited [] General r-I Attorney-in-Fact [] Trustee F; Guardian or Conservator [~ Other: Signer Is Representing: EXHIBIT "Aet LEGAL DESCRIPTION APN: 258-140-11, 12 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. LYING WITHIN LAND DESCRIBED AS PARCEL 3 IN A DEED OF TRUST RECORDED AUGUST 13w 1979 AS FILE/PAGE 79-336976 OF OFFICIAL RECORDS OF SAiD COUNTy, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST COP~NER OF SAID PARCEL 3 THENCE ALONG THE WESTERLY LINE THEREOF NORTH OOOS0'14"EAST 379.88 FEET; THENCE ALONG THE NORTHERLY THEREOF SOUTH 89039'52'' EAST 17.00 FEET; THENCE LEAVING SAID NORTHERLy LINE SOUTH 00°50'14'' WEST 81.41 FEET; THENCE SOUTH 44"09'46" EAST 9.55 FEET; THENCE SOUTH 00050t14~ WEST 7.00 FEET; THENCE SOUTH 45050'44'' WEST 9.55 FEET; THENCE SOUTH 00"50'14" WEST 277.97 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID SOUTHEP~LY LINE NORTH 89"39'52" WEST 17.00 FEET TH THE TRUE POINT OF BEGINNING. HAVING AR AREA OF 6,551 'SQUARE FEET MORE OR LESS. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSED ~ sURVEYOR P.L.S. 3997 DATE: cov4054 3 EXHIBIT "B" '-' ~/:) I 258-14-0-12 ~ 8 f?] 258-140-11 . SCALE 1"=100' LLI § 1 DETAIL 'A' NO S(~ALE OEN01~S N 8g'39'52" W ...... '~ EASEMENT AREA ~'°"'~" ~ 6,551 SQ,F-I'. RE-QL~E'~'~ .STREE~~~~,. N .5'50'~"~ I 9,55' '- ~ ~7J - '6'W OF ENCiNITXS ~ ......... EASEMENT PLAT DIMENSIONS SHOWN HEREON ARE DERIVED FROM RECORD DATA Eight-of-W(3y Engineering Services, Inc. Land Surveying 2125 El Camlno Real Ste. 210 Oceanside, CA 92054 (619) 757-4443 ACAD FNAME." ASCHBRN2.DWG PARCEL NO: I I~USTEE UNDER THE ANGELA 258-14.o i ANGELA M, ASCHBRENNER AS 11 & 12..,.,IM. ASCHBRENNER mUST DATED, ,, 11/14/88 DRAWN: MJG I DATE: 2/23/96 I SHEET: 1 OF 1