Loading...
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