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1988-172860".'W~d~I~'~ECORDED, PLEASE MAIL t~ 1850 ] TH'~,S INSlRU~NT TO: 1 City of Encinitas 1 ~5 Encinitas Blvd., Suite 100 l Encinitas, California 92024 l RECORDED REQUE~ OF 1 N0 TRANSFER TAX DUE DE~. GENERAL~RWCES 1 SPACE ABOVE F. ASE~IEIJT FOR COUIITY HIGHWAY SAXONY ROAD Assessor' s Parcel Projec t: UY3361/P85-107 No. 256-340-21,23 W.O. No: TE3118 Parcel No: 87-0377-A-1 Log No: 243-02 SAN DIEGO HEBREW HO~E FOR THE AGED, a California non-profit corporation hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CIIY OF ENCINITAS, Coun~ of San Diego, ;State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public high~ay upon, over and across that certain real property in the Coun~ of San Diego, State of California, described as follows: Parcel No. 87-0377-A-1 (12-24-87) (MDT:JA:mrt) That portion of the South Half of the Southeast Quarter of the Southwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, Counl~, of San Diego, State of California, included in that land described in deeds to the San Diego Hebrew Home for the Aged, recorded July 7, 1987 at File/Page No. 87-376757 and July 2, 1982 at File/Page No. 82- 207301 in the Office of the County Recorder of said County, lying Westerly of the following described line: CO~iENCING at the Northwesterly corner of said Hebrew Home's land (File/Page No. 87-376757), being a point on the Easterly sideline of Road Survey No. 700-1 (Saxony Road), a plat of which is on file in the Office of the Coun~ Engineer of said County; thence South 89°22'19" East, along the Northerly line of said Hebrew Home~s land, 12.00 feet to a point on a line that is 42.00 feet Easterly of and parallel with the centerline of said Road Survey No. 700-1, said point being the TRUE POINT OF BEGINNING; thence leaving said Northerly line, along said parallel line, South 01°46'50" West, 67.18 feet; thence South 02°57'00'' West, 360.79 feet; thence leaving said parallel line, South 00032'02" West, 144.90 feet to the beginning of a tangent 20.00 foot radius curve, concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 90°05'02'', a distance of 31.44 feet to a point of tangency with the Southerly line of said Hebrew Home's land AND the POINT OF TERMINUS. -', 1851 The Grantor hereby further grants to ~,~e County of San Diego the privilege and r~ght to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the con- struction and maintenance of said County 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 County and/or District 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 said Engineer(s). 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 re- maining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this c~ ~ ~ day of (~/_~-"?/~,~A.z'g.?)..-~'L~ , 19~ a California non-profit corporation STATE OF County of ~ .~' ' On - , 19__, before me, the undersigned, a Notary Public in and for said County and State, personally ~red known to me to be t~erson ~ whose name .subscribed to the within instrument, and acknowledged that~ ~xecuted the same. Witness m~ hanGand official seal. Notary Public in and for said County and State This is to certify that ,tb-e-~tere~L h~reaF!aFopc-r-t¥-eecweyv--dd:~/~theforegoing deed or grant to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant I certify on behalf of the City Council of the City of Encinitas, pursuant 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 Irrevocable Offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date ~--Z~--~ By ~30~-~ ~~ WARREN SHAFER, City Ma6ager I 1852 pro lly anne~__~ ~ Undersi ne _ _ and v. one basis of-[~.~'~ o:~..~ g.d. N?ary Fublic ~- . ' - cna~ exec r --~ o~ Directors. -,~uln InStrument ~.~Zumen~ and aCknow]~'./~ respectively murSuant to ~ts ~ .~--~eu to ~ that oy ,aws ora COUNTy OF s~d St{re, Pemon~ly appe~ed ~he unde~ned, No~ Public in ~d for ~e pe~on who - ne uasm of ~tis~{cto~ e~ me or ~ ~ ~xecuted .k ..... '~ uence to be IAL ~ :~t~ of ~e Co~oration ~ ~ MICHAEL BARTELL to ~e that S~Ch r '~ NOTARyPUBLIC - CALIFORNIA CO~oratton executed the within instru- G0 ~UN~~N~ ~ ment pursuant to its by-laws board of dire~ors, or a ~solution of its WITNEss my h~nd ~fici~ Signature ~/~