1999-193645 4892
Re~in] requested by: )
) OFFICIAt RECORB8
Ci~ of Endnitas ) SAN DiE~ gOUTY RECORDER'8 OFFICE
) G~GORY J. SMIIH, COUNTY REC~DER
~en re~ mail to; ) FEE~: 0.00
Ci~ of fincini~ )
$05 8. Vul~n ~w. )
Encini~s, CA 92024 )
)
FOR THE BENEFIT OF THE CI~ )
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CI~ HIGHWAY
Assessods Pardi No.: 261-15~ Proje~ No.: CMS~F
W.O. No.:
Donald A. Lux, as to an undivid~ 40% interest and John Lux, as to an undivid~ 60%
interest, hereinafter ~lled G~NTOR (S), do(es) hereby grant, ~nvey and dedi~te
the CI~ OF ENCINITAS, State of California, hereinafter ~lled G~NTEE, ~e Hght-of-
way and inddents ~emto for a public highway upon, over and a=oss that ~in real
pm~ in ~e City of Encini~s, Coun~ of San Dido, S~te of California, described as
follows:
SEE ~HIBIT "A" A~ACHED HERETO AND MADE A PART HEREOF BY
THIS REFERENCE,
cov5992
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, 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.
Dated this ~/["~/~ day of /~[/fl~.~-3/ 199~ ~
Donald A. Lux Jefl~n Lux
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
CALIFORNIA ALL-PURP~ ACKNOWLEDGMENT
State of ~.~ L~ ( ~/~r/g
County of ._.~_/..~ ~
On ~ {~ 1~ beforeme, ~[~ ~z ~~
Date e and ~tle of ~icer (e.g., "Jane D~, No~ Publi~)
personally appeared ~ ~, ~ ~ ~ L~ ,
Name(s) of Signe~s)
~ personally known to me - OR -~proved to me on the basis of satisfacto~ 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(ies), and that by
~'~" ~-D~' "~ 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~ a~d official seal.
O~rlO~AL
T~oo~ t~o ln~o~atlon Oolow ~ not roquiro~ ~ Ia~. it m~g ~mvo ual~a~lo to porto,s rolyin~ on t~o ~umont ~n~ cool~ ~rownt
tmu~olont mmowl an~ roa,ac~mon~ ot t~is torm to ~not~*r ~ocum*nt.
Document Date: ~[~ ~// ~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ~ Individual
Gorporato Officor ~ ¢orporato Officor
Iitlo(s): Iitlo(s):
~ Pa~ner-- ~ Limited ~ General ~ Padner-- ~ Limited ~ General
~ AEomey-in-Fact ~ Attorney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Consewator ~ Guardian or Consewator
~ Other: T~p of thumb here ~ Other: To~ of thumb here
Signer Is Representing: Signer Is Representing:
4895
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by deed or grant dated March
11, 1999 from Donald A. Lux, and John Lux, to the City of Encinitas, a Municipal
Corporation, is hereby accepted by the undersigned agent on behalf of the City Council
of the City of Encinitas pursuant to authority conferred by Resolution of the City Council
of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: ~22'""/I~ ~ O(
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
4896
EXHIBIT A
Legal Description
Parcel A
Right of Way Acquisition
That portion of the Northeast Quarter of the Northeast Quarter of Section 26, Township
13 South, Range 4 West, San Bemadino Base Meridian, in the County of San Diego,
State of California, according to United States Government Survey, described as follows:
Commencing at the Northeast comer of said Section 26, thence along the easterly line
thereof as shown on Record of Survey No. 14943, South 00°08'59" West (South
00°08'54" West record), 342.73 feet to the easterly prolongation of the southerly line of
the land described in deed to Ben Yasuda and Sumiko Gall Yasuda, recorded June 23,
1993 as Document No. 1993-0397078; thence along said easterly prolongation, South
89°52'42" West, 26.99 feet to the Southeast comer of said land and TRUE POINT OF
BEGINNING; thence along the southerly line thereof, South 89o52'42,' West, 12.57
feet; thence leaving said southerly line, South 01°04'36" West, 302.40 feet to the
northerly line of that land conveyed to Herbert Alex Lux, referred to as "Parcel 1" in
Order of Preliminary Distribution No. PN1933, recorded June 26, 1972 as File No.
162980 of Official Records of San Diego County; thence along said northerly line South
89037'26" East, 14.00 feet to the westerly right of way line, granted to the County of San
Diego by deed recorded October 26, 1927 in Book 1381, page 339 of Deeds; thence
along said right of way line, North 01o04'36" East, 285.87 feet to the most southerly
comer of the land described in deed to the County of San Diego, recorded November 6,
1967 as File No. 173550 of Official Records; thence along the westerly line thereof,
North 03°51 '08" West 16.68 feet to the TRUE POINT OF BEGINNING, all as shown
on the map attached herewith and made a part hereto.
Prepared By:
NOLTE and ASSOCIATES, Inc.
Ronald C. Parker Date
LS 4312
\\sds 1 \proj ect\sd0442\winh'wap2.doc
489?
~t 2.~ ~MANcHE8TER AVE.
Y/ESTERL Y L/NE OF THE LAND 26
DESCRIBED IN DEED TO THE ~ I\ '"---PO/MT OF COWWENCEWEN1-
COUNTY OF SAN DIEGO
BEN AND SUW/KA GAlL YASUDA 1~ ~8'
DOC. NO. ~99~-0~7078 '
BOOK d7~8, PO 454
JOHN LUX
CON~D ~0 HERBERT ALEX LUX
REFERRED [0 AS '~ARCEL ~" ~ ~?~ u~w
FIL~ NO '62980-- . . PER~R.O~ 1494~
SCAL~' I~ 60' ~ EXP. ~-~0-00 ~XHIBIT B
~.~,...o.~ ~ NOLTE~d~CIATES, Inc. RIGHT OF WAY ACGUISITION
~'~' ~"" Enginee~ / Planners / Su~eyors