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1997-497726City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encini~as, CA 92024 FOR THE BENEFIT OF THE CITY 176 FEES~ 0.00 Illllll Il lilt III IIIi III II ~ EPACF ABOVe.. FOR RECORDER ' g U~F ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 254-I63-01 Project No.: TPM 95-205 W.O. No.: CALIFORNIA FINANCIAL HELP STORES, INC. hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITA~, 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: ~x~x~x~x~x~f~/~x~Pxx~x~x~ sEE EXHIBITS "A" , "B" , AND "C" ATTACHED HERETO AND ~iADE A PART HEREOF BY THIS REFERENCE, cov4054 I The Grantor her further g s to the 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 portionsthereof, when in the written opinion of the city Engineer of Grantee, the necessity therefore is removed by su~stituting 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 cf said highway. OWNER: 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 consentsto the making of the foregoing Righ~%of-Way Dedication and~onsents to recordationo/../~thereof by its duly(~Q~i~d~fmf~7¢L Date: ~ By: \/,.A.~ ·''I Alan D. Archibald Director cf Engineering Services city of Encinitas COV4054 2 178 EXHIBIT"A" Legal Description APN 254.163-01 prior to Street Dedication and prior to Boundar~ Adjustment That portion of Lot 35 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 San Diego County, May 3, 1927, lying Northerly of a Line that begins at a point on the East Line of said Lot 35, distant thereon South 2047' West, 311.51 feet from the most Northerly corner thereof and runs North 87° 13' West parallel with the South Line of said Lot 35 to a point on the West Line of said Lot 35. 179 EXHIBIT, "B" Legal Description Easement for Public Roadway to be Granted from APN 254-t63-01 to the City of Encinitas The NorthWesterly 7.00 feet of Lot 35 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 San Diego County, May 3, 1927, more particularly described as follows: Beginning at the most Northerly corner of said Lot 35; thence South 2°47'00" West 7.84 feet along the Easterly line of said Lot 35; thence parallel with the NorthWesterly line of said Lot 35 South 66000'00" West 112.85 feet; and South 68°40'00" West 195,59 feet to a point on the Westedy line of said Lot 35; thence North 4040'00" West 7.31 feet to the NorthWesterly comer of said Lot 35; thence North 68°40'00" East 193.33 feet along the NorthWesterly line of said Lot 35; and North 66°00'00'' East along said line 116.22 feet to the most Northerly comer of said Lot 35 and the point of Beginning. 181 AME/{iC STATE OF CALIfORNIa, · COUNTY OF ,__'-~.~ personally appeared _(~)l~m~,&J ~..~"¢.~ ~)~-.I] /,__ ,/., .,~ / / · ., 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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. WITNESS my hand ancl official seal. Title of Document ~;,~"...-~m ~,/t2~ ~ C/7/1/ ~/(~½//~./~'/ Date of Document .... 7-~'7'7~}~"~ "o. of Pages Other signatures not acknowledged (~ 9008 (1/94) (G~laral) rif~t American Title Insuranae (;ompan¥ EXHIBIT "C" ,c,a -asO . 'Plat of R~ Property'~ be Dedicated to the City of for Pub c Roadway Sheet I of 1 SheCs No. 2019, rec~d~ Moy 3, 1927, m the City of Encmffes, / '-~...--"'F: C~[y of ~ Oiqo, SMe of C~f~h, (~e Atl~hed E~E *A") / "' '" ' :'::2_ / ~ 0 25 50 100 1~ See Detail Above 5"t )' Pro~t Bos~dory Existing Easem~t for Public Roodway Oronted to and Access Ri~hts Relinquised to the City of Enchitos by Doc No. 1997- Rec let Areas ~o,~ Arco pri~ to Street Oedicotios .-- 1.521 Acres ,~ros of Prope'ly to be Oedicoted for Ruod~oy = 0.050 Acres Cross Area offer Street Dedicetion = 1,471 Acres Resource Development Corporation 531 [nckibs Bvd, ~ite 201 Encinitas, CA 92024 (?CD) 942-11C~ licmse [~kes 3/31/98 lev¢vd/v #M Resource Developnent Corporation