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