1994-244897· '' 148R
The°.Grantor hereby further grants to the CITY OF ENCINITAS the
~rivilege 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 successor 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 o? 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 7~4~--- day of ~%~-~-- , 19~,/
ELCA LOAN FUND
~~ Owner
NOTAaY PUBLIC, STATE OF
MY COMMISSION EXPtflES:09/01197
Signature of Owner's to be notarized.
Attach the appropriate acknowlea~ements.
I certify on behalf of the city Council of the City of ~ncinitas,
pQrsuant to authority conferred by Resolution of said Council
adopted on July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Right-of-Way Dedication and consents to
recordation thereof by its duly authorized officer.
Date: ~/~/~ By:~~~~
/~~n~rim city Manager
TF/03/C0V3-421wp51 (03-31-93) 2
1481
Recording re~ested by:
CITY OF ENCINITAS
When Recorded Mail to:
City Engineer
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
E~SE~ FOR CITY HI~AY
Assessor's P~rcel Project No.: 3215
No. 216-110-22 W.O. No.:
ELCA LOAN FU~D 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 in Exhibit "A" consisting of three (~) ?ages,
attached hereto and made a part hereof. Exhibit "B" consisting of
three (3) pages is attached for clarity only.
TF/03/C0V3-421wp51 (03-31-93) i
MISSION INVESTMENT FUND
OF THE
EVANGELICAL LUTHERAN CHURCH IN AMERICA
CORPORATE SECRETARY'S CERTIFICATION
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
Robert E. Pope, being duly sworn, deposes and says;
I am the duly elected and qualified Secretary of MISSION INVESTMENT FUND OF
THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, a corporation duly organized
and existing under the laws of the State of Minnesota (the "Corporation").
Change of corporate name
I certify that effective December 27, 1991, the corporate name of the Corporation was
changed from ELCA LOAN FUND to MISSION INVESTMENT FUND OF THE
EVANGELICAL LUTHERAN CHURCH IN AMERICA by certificate of amendment of the
articles of incorporation of the Corporation filed on such day with the Secretary of State of the
State of Minnesota, a copy of which is attached.
Certified resolution of Board of Trustees
I certify that the following is a true and correct copy of a resolution adopted by the
Board of Trustees of the Corporation March 25, 1993, which resolution has not been amended
or superseded, and which remains in full force and effect as the act of the Corporation as of
the date of this certification:
WHEREAS this Corporation, by virtue of Article II of its Articles of
Incorporation, has the powers, among others, to acquire, own, hold, convey and transfer
real property; and
WHEREAS in addition to the provisions of Article 6 of the By-laws of this
Corporation which grant specific powers to the officers of this Corporation, Section 6.10
of said Article 6 provides that any officers of this Corporation shall have such powers
and perform such duties as may be prescribed by the Board of Trustees, and it is
therefore
RESOLVED that the following officers, or any one of them, are authorized to
execute on behalf of this Corporation contracts, deeds, conveyances and any and all
other instruments required for the acquisition and conveyance of real property and any
Page ~1- Corporate Secretary's Certification
and all interests therein:
President
Treasurer
Vice-President/Real Estate
Incumbency certificate
I certify that the following persons now serve as the following officers of this
Corporation:
President Richard L. McAuliffe
Treasurer Kenneth L. Murken
Vice-President/Real Estate Harvey Olson
/Secretary' -U
Subscribed and sworn to before me
this \~¥~'_day of -~c~\~,-O~ 199 ~
WILL E STINSON ~
N_ __OTA~y PUBLIC. ~TATE OF ILLINOI.S ~
Page -2- Corporate Secretary's Certification
148q
ELCA LOAN FUND -...o0,r
Articles of Amendment o~ A~icies of In~mfion
We, thc undersigned, George E. Akcr and Robert 12. Pope, rc.specti;'cly ~hc
Pre.sidcnt and Sccrc~ap' of ELCA Loan Fund. a corooration subject to thc provisions
Minnesota Statmes, Chapter 317A- do hereby certify that thc resolution set fcrth hereafter has
been appro;'cd by a majority of thc directors of thc corporation at a mneting duly noticcd and
held on Deccmbe~ 16, 1991. said directors having been thcrctofore nuthorizcd to approve such
amendment at a meeting of thc member dui:' noticed and held on August 30, 1991, all in
accordance with Minnesota Statute.% Section 317A. 133, suni. 3, and thc Articles o£
Incorporation and B.vlav,-3 of this corporation:
'Re~olvcd that the fo!lowing article of incorporation of ELCA LOP, aN FUND be,
and the same hereby is amendcd to read as follo~"s:
ARTICLE I
The name of this corporation shall be:
MISSION INVESTMENT FUND OF THE ,/
EVANGELICAL LLFI"HERAN CHURCH IN AMERICA.'~ ~.~
We cealfy that we are authorized to execute this amendment and we fu~her
certify that we under~tand that by signing this amendment, we ar: subjec' to tee penaltie~ of
perjur~ as set fo~h in ~':ction 609.48 as if we had signed this amendmeut under oath.
IN WITNESS WHEREOF, we have subscn'bed our name~ this K0 day of
?resident
STATE OF MINNESOTA
DEPARTMENTDEoFILED ~ lOF I%1 STATE ~'- ~..,-'~7 ~ /'~.~.~~
~/ Secreta~
Seo'~la."y c~ Sla,%
EXHIBIT "A"
'TEMPORAllY EASEMENT FOR SLOPE GRADING
AND DRAINAGE STRUCTURES
ASSESSOR'S PARCEL PROJECT - LA COSTA AVENUE
NO. 216-110-22
ELCA LOAN FUND
HEREINAFTER CALLED GRANTOR, DO(ES) HEREBY GRANT, CONVEY AND
DEDICATE TO THE CITY OF CARLSBAD, STATE OF CALIFORNIA,
HEREINAFTER CALLED GRANTEEw AN EASEMENT FOR SLOPE GRADING AND
DRAINAGE STRUCTURE CONSTRUCTION AND INCIDENTS THERETOw UPON,
OVER AND ACROSS THAT CERTAIN REAL PROPERTY WITHIN THE CITy OF
ENCINITAS, STATE OF CALIFORNIA. SAID SLOPE EASEMENT WILL
TERMINATE UPON FILING OF A NOTICE OF COMPLETION OF CONSTRUCTION
OF LA COSTA AVENUE BETWEEN I-5 AND EL CAMINO REAL, PROJECT NO.
3215, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 7 SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 7; THENCE
SOUTH 83°14'07'' WEST ALONG THE NORTHERLY LINE OF SAID LOT '7
A DISTANCE OF 663.77 FEET; THENCE SOUTH l°10'53'' WEST 109.88
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH l°10'53''
WEST 15 FEET; THENCE SOUTH 84°15'13'' EAST 179.43 FEET; THENCE
NORTH 64°29'04'' EAST 79.49 FEET; THENCE NORTH 83~35'40'' EAST
248.65 FEET; THENCE NORTH 78°35'48'' EAST 168.68 FEET; THENCE
NORTH 0~27'10'' WEST 35.65 FEET; THENCE SOUTH 78035'48'' WEST
353.65 FEET TO THE BEGINNING OF A 1440.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 12035'05'' A DISTANCE OF 316.29 FEET; THENCE
NORTH 88°49'07" WEST 1.06 FEET TO THE TRUE POINT OF BEGINNING.
ALL AS SHOWN FOR CONVENIENCE SAKE ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART HERETO BY THIS REFERENCE.
THE AREA WITHIN DESCRIBED EASEMENT IS 0.427 ACRES OR 18,615
SQUARE FEET.
1459
EXHIBIT "A"
EASEMENT FOR PUBLIC HIGHWAY
ASSESSOR'S PARCEL PROJECT: LA COSTA AVENUE
NO. 216-110-22
ELCA LOAN FUND
HEREINAFTER CALLED GRANTOR, DO(ES) HEREBY GRANT, CONVEY AND
DEDICATE TO THE CITY OF CARLSBAD, STATE OF CALIFORNIA,
HEREINAFTER CALLED GRANTEE, AN EASEMENT FOR PUBLIC HIGHWAY AND
PUBLIC UTILITY PURPOSES AND INCIDENTS THERETO, UPON, OVER AND
ACROSS THAT CERTAIN REAL PROPERTY WITHIN THE CITY OF ENCINITAS,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 7 OF SECTION 34~ TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING WITHIN A STRIP OF LAND 80 FEET WIDE, 40 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 7; THENCE
SOUTH 83o14'07'' WEST ALONG THE NORTHERLY LINE 663.77 FEET;
THENCE SOUTH 01010'53'' WEST 69.88 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 88o49'07'' EAST 1.06 FEET TO THE BEGINNING
OF A TANGENT 1,400 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°35'05''
A DISTANCE OF 307.50 FEET; THENCE NORTH 78°35'48'' EAST 361.39
FEET TO THE EASTERLY LINE OF SAID LOT 7, SAID POINT BEING THE
POINT OF TERMINUS.
THE SIDELINES OF SAID 80 FOOT WIDE STRIP OF LAND SHALL BE
LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE WESTERLY IN THE
WESTERLY LINE OF THE EASTERLY HALF OF SAID LOT 7 AND EASTERLY
IN THE EASTERLY LINE OF SAID LOT 7.
ALL AS SHOWN FOR CONVENIENCE SAKE ON EXHIBIT "B" ATTACHED HERETO
AND MADE A PART HERETO BY THIS REFERENCE.
THE AREA WITHIN SAID EASEMENT IS 0.024 ACRES OR 1037 SQUARE
FEET.
I490
LOT 9 I~O-F 6
COt~AI£R I 0 T
LOT 7
WILLDAN AS~CIATES
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