1997-539815Recording Requested
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
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)~P~cE ABOVE FOR
DOC 11 1 97-0539B15
OCT 28, 19~? 12-'27 P~
OFFICIAL RECOROS
St~l OIEGO C81]itTY RECOROER'SOFFICE
GREGORY L SMITH, COUNTY RECOR08
FEES: 0.00
OC: NA
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel
No. 254-270-22
Project No.: CMS95C
W.O. No.:
City of Encinitas, hereinafter called GRANTOR, does 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 AND MADE A PART HEREOF
BY THIS REFERENCE,
cov5665 1
-1744
The Grantor hereby ~ arther grants to the CIT .... 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 ~-~--~ day of (~F~,3~F~ , 19_~/
OWNER:
ISignature 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 Dedication and q~nsents to
recordation thereof by its duly~hori~ed g~ficqTF
Date: l~-~-~ ~ By:
Alan D. Archibald
Director of Engineering Services
City of Encinitas
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7,{5
ALL-PURPOSE ACKNOWLEDGMENT
State of California )
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County of San Diego )
SS.
On this 27th day of October, 1997, before me, Deborah Cervone,
Notary Public, personally appeared Lauren Wasserman, known to me
to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his/her
authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal
Deborah Cervone, Notary Public
I ~ MY COMM. EXP SEPT, 28, 200] I
SEAL
My Commission Expires September 28, 2001
1746
EXHIBIT "A"
R/W ALIGNMENT 3 (CITY PARK LAND)
LEGAL DESCRIPTION
All that portion of the Southeast Quarter of the Southeast Quarter of Section 4, Township 13 South,
Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of
California, according to Official Plat thereof, described as follows:
Beginning at a point on the westerly line of said Southeast Quarter of the Southeast Quarter which bears
North 01 °01'53" W West 85.094 meters therealong from the southwest corner thereof; thence leaving
said westerly line North 88°58'07" East 7.043 meters; thence North 01°01'53'. West 250· 105 meters to
an intersection with the westerly line of Interstate Route 5 (Route 1 I-SD-5), as shown on Miscellaneous
Survey 775, Sheet 4 of 12 Sheets, as filed in the office of the San Diego County Surveyor; thence
northerly along said westerly line North 25°04'30" West (North 25°05'18" West per MS 775) 6.066
meters to an angle point in said westerly line; thence leaving said westerly line, southerly, South
01 °01 '53" East 139.621 meters to the north line of the South Half of the West Half of said Southeast
Quarter o.f the Southeast Quarter; thence westerly along said northerly line, North 89°29'40" West 4.574
meters .tO ..the said westerly line of said Southeast Quarter of the Southeast Quarter; thence southerly along
'said westerly line, Sbuth 01°01'53" East 116.146 meters to the Point of Beginning.
Excepting therefrom any portion thereof lying within County Road Survey 704.
The above-described parcel contains 1155.757 square meters, more or less.
23271.02LGL/9-3-97 I
EXHIBIT B , :47
/ BEARINGS,. AND-DISTANCES SHOWN HEREON ARE G~l~. BASED UPON THE CALIFORNIA STATE PLANE CO(~DINATE SYSTEM. ZONE 6
AS DETERMINED LOCALLY...BE'r'ClEEN CALTRANS CON'IR'OL MONUMENTS ,5-42,69 .aND 5-44.1A, I.E., NORTH 13'30'05" IIIIEST. TO
: DISTANCES,'...DI~lOE DIST~U~ICES SHOVel HEREON BY THE COMBINED GRID FACTOR OF 0.999966
....... ' "'"' ~ ,,¢,~ ¢ ../4/
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APPRAISAL MAP
CITY OF ENCINITAS
San Diego County
OWNER: CITY Of ENCINITAS
PROPERTY ADDRESS:
94-5 ORPHEUS AVE.