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1996-593431Recording Requested By: ) UuC # 1996-0593431 22--M(3U-199e5 01:16 City of Encinitas ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded Mail to: GREGORY SMITH, COUNTY RECORDER City Clerk 2121 FEES= 0.00 City of Encinitas ) NA 505 South Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY ) )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 258-140-34 Project No.:PADROZ W. 0. No. : _ 147 93 Kenneth X. Baca and Anna M. Baca, Trustees of the Baca Trust dated May 31, 1985, 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 AND MADE A PART HEREOF BY THIS REFERENCE, cov4054 1 2122 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 day of~ 19 9c;, TLI K eth X. Baca Anna M. Baca Kenneth X. Baca and Anna M. Baca, Trustees of the Baca Trust dated May 31, 1985 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 consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its duly thoriz d Date: By:_ Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2123 State of County of1-:_~ AQ~l Q RZj ILI) 042~-c.F- r /~7~7 I before me i9r~rJy4 r i . / IZUl2 /U~ le~uC - ate Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) ❑ personally known to me - OR ved to me on the basis of sa ' ctory evidence to be the person(s) whose name(s) '/are ubscribed to the in instrument and acknowled gkip me that he/sh /the executed the same in h' euthorized capacity(ies), and that by Randa G. Milljour his/he their ignature(s) on the instrument the person(s), Comm. #1038151 or the en Ity upon behalf of which the person(s) acted, . `r► NOTARY PUBLIC-CALIFORNIA executed the instrument. SAN 01600 COUNTY My Comm Exp Jan. 6, 19W WITNESS my hand and official seal. lure of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: Signer Is Representing Top of thumb here Individual Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: - • r ^o~~~,au~n - owo nanrrner rve., r.u, box 11b4 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ?124 The undersigned as the holder of that certain Deed Of Trust upon the premises described herin and recorded as Document No. 1993-0129435 on March 2, 1993, hereby consents to the granting of Easement For City Highway, Drainage Easement, and Sanitary Easement. The LaSalle Home Mortgage Corporation A By: Dorothy S : wron Assistant Vice President Date: STATE OF ILLINOIS) SS. COUNTY OF COOK ) Before me, the undersigned, a Notary Public in and for said county, this 12th day of February, 1996 came Dorothy Skowron, Assistant Vice President of The LaSalle Home Mortgage Corporation and acknowledged that she signed and delivered the said agreement as her free and voluntary act as such duly authorized officer, as aforesaid, and as the free and voluntary act of said LaSalle Home Mortgage Corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 12th day of February 1996, i Notary Public 99 1,~ ` Gbt .:JAL ~y i :mr, iss on Expires 02/19/97/ i; EXHIBIT "A" LEGAL DESCRIPTION 2125 APN: 258-140-34 A PORTION OF THE NORTHEAST 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 IN GRANT DEED RECORDED 1993 AS 93-0129434 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LAND PER SAID GRANT DEED; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88°49'37" WEST 218.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 41.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 88°49'37" WEST; THENCE LEAVING SAID NORTHERLY LINE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 140°28'44" AN ARC DISTANCE OF 100.52 FEET TO A REVERSING CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'44" AN ARC DISTANCE OF 22.03 FEET TO A POINT ON A LINE 17.00 FEET NORTHERLY AND PARALLEL TO THE SOUTHERLY LINE OF LAND DESCRIBED IN SAID GRANT DEED; THENCE ALONG SAID PARALLEL LINE SOUTH 88°49'37" EAST 126.69 FEET TO THE EASTERLY LINE OF SAID LAND; THENCE ALONG SAID EASTERLY LINE SOUTH 00°44'22" WEST 17.00 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 5,009 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICEN D LAND URVEYOR P.L.S. 3997 DATE : /C /1 940 vk,G,~~,\L Ry~l Flo s~ No. 3997 Exp > f. C ALIF\)~~\Q cov4054 3 EXHIBIT "B" P.M. 2126 N 8849'37" W 243.73' (243.75'dd) w N. C,,z 93-0129434 0,R. Itai to o -C1 z I 1 _,,~-C2 U.1 N- N 0- 0 2430 7- z SCALE L1 - - CAMINO EL 1100" 242.7' N ' ' " 1~ # ' DORADO / 88 49 37 W 518.00 / W Lo SW COR. NE1 4 NE1 /4 SEC. 15 w 0 w N of ° 0 Z b w z LINE DIRECTION ' DISTANCE 1 o V o ::i L1 N 88'49 37" W ' " 218.73' ' z W SE COR NE 1 z 4 ' L2 L3 S 88'49 37 E N 00'44'22" E 126.69 17.00' . U 0 SEC. 15 w ' ' " CURVE RADIUS ' LENGTH ' DELTA REQUEZA N89 39 52 W 819 98' C1 41.00 100.52 140'28'44" - - - . - - C2 25.00' 22.03' 50'28'44" STREET DENOTES PUBLIC ROAD EASEMENT 5.009 SQ.FT. LOCATION S9 1 a-ENCINITAS BLVD. 2 1 9 OREQUEZA ST O3 -MELBA RD. 5 6 8 ®SANTA FE DR. 5 7 REGAL RD. 3 © NARDO RD. BRACERO RD. ® BONITA DR. 4 9Q CAMINO EL DORADO 10 CAMINO DE ORCHIDIA VICINITY MAP Right-of-Way Engineering Services, Inc. Land Surveying 4167 Avenida de la Plata Ste. 114 Oceanside Ca. 92056 (619) 732-1366 BACA.DWG LAND o. ` 4 CALF` DIMENSIONS SHOWN HEREON ARE DERIVED FROM RECORD DATA