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1996-593478R~cording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY 1996-0593478 122 SAN X£~O CQUNTY RECOROER'S OFFICE ~RE6ORY $~ITH, COUNTY ~SpAC~ A~0VE FOR RECORDER'S USE ONLY EAHEKEFF FOR C~TY HlOIiWAY ttFO~ BEN~T OF THE C~tg Assessor's Parcel No. 258-140-07 Project No.:PADRQZ W.O. No.: JP .3-/ BETTY BAKER, SUCCESSOR TRUSTEE to the Declaration of Trust dated April 10, 1987, 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 HERETO ANDMADE A PART HEREOF BY THIS REFERENCE, cov4054 1 123 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, 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 ~-/-.~t/~f:~',~/'~. day o ",!'~/~6~ , 197,~~' Betty Baker, Successor Trustee OWNER: Betty Bake~ ~, 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 Right-of-Way Dedicationzand consents to recordation thereof by its duly~hor~d~ffi~_ ~ ~ ~ ',/ Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 CALIFORNIA ALL-PURPOSE AC~OWLEDGMENT 1 2 4 NO, 5193 State of~ County On tA.- ~'A-~,',~,.,.. before me, personally appeared ~.~__"'~'~'. ¥ ¢¢ NAME(S) OF SIGN ER(.~) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ OPTIONAL SECTION ~ CAPACITY CLAIMED BY SIGNER Though statute does nol require lhe Notar7 to fiji in lho data below, doing so may prove [~¢INDIVIDUAL [] CORPORATE OFFICER(S) ~ITI F(~I [] PARTNER(S) [] LIMITED [] GENERAL ~.. [] ATTORNEY-IN-FACT ,~ [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: .,; SIGNER 18 REPRESENTING; :'iii WITN ESS my hand and official seal. N^U~ OF PFR$ON{S) (iR ENTITY(lES) ." I I OPTIONAL .'SECTION II IIIIII ~. THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: .. NUMBER OF PAGES DATE OF DOCUMENT ~it cou~ prav, en~ fraudulem reatlachment of this fom~. SIGNER(S) OTHER THAN NAMED ABOVE · .'t~.~_, ~.-~ ~%.~;. _.=., ~ ....... :%% ~;~¢'~ ~ .., .k _'~--,; _-~.'~L%'~'"-,~%-~ L'% ."¢~'%%~. ~-:~,~..~%.~,..~%.~'-¢. ',.':1998 NATIONAL NOIARY ASSOCIATION · 8236 Remmot Ave., P.O. Box 7184 *Canoga Park, CA 91.309-7184 E~IBIT LEGAL DB~CRTPTION APN: 258-140-07 125 A PORTION OF LAND IN 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 SANDIEGO, STATE OF CALIFORNIA. SAID PORTION LIES WITHIN LAND DESCRIBED IN GRANT DEED RECORDED JANUARY 8, 1958 IN BOOK 6897, PAGE 356 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 89039'52'' EAST 23.75 FEET TO THE TRUE POINT OF B~GINNiNG; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01~00'16" EAST 6.21 FEET; THENCE NORTH 43"59'44" WEST 9.55 FEET; THENCE NORTH 01"00'16" EAST 126.97 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN SAID GRANT DEED BEING A POINT OF TERMINUS. HAVING AN AREA OF 2,445 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO THIS DESCRIPTION. AND MADE A PART HEREOF PREPARED BY: LicENsED ~ND ~RVEYOR P.L.S. 3997 cov4054 3 EXHIBIT "B" REQUEZA STREET 126 SCALE 1'=100' O DENO]IES EASEMENT AREA I · ' ' · 2,4-45 SQ.FT, DIMENSIONS SHOWN HEREON -.,.... .'.. ,.o,. ~ ' ARE DERIVED FROM RECORD DATA POINT OF ~ LOCATION COMMENCEMENT X Il ~ ,~(~)-- REQUI~ZA ST, I' I1 ~ ~ ~ [ ~ ~ MgLBA RD. "0 SCALE ~ ~~SANTA FE DR,  REGAL RD, NARDO RD.  BRACERO BONITA DR. %~ClNI~ MAP Cl~ OF ENCINITAS  CAMINO EE DORADO CAMINO DE ORCHIOIA EASEMENT PLAT ASSESSOR'S PARCEL NO. ~S~NO: Right-of-Wey Engineering Services, Inc, Lon~ Surve~ng 4167 A~NIDA DE LA PLATA, SUI~ 114. OCEANSlDE, CA. 92056 (619) 752-1566 ACAD FNAME: BAKER.D~ I BETTY BAKER 258-140-07 succEssoR 'mUST~E I DRAWN: DATE: 11/20/95 SHEET: 1 OF 1