1999-193653Re~rding requested by: ) ~FICI~ RE~OR~
) SAN DIE~
0~ of En~n~mm ) G~GORY J. SMITH, COUNTY RE~DER
~en re~ed mail to: )
505CityCi~ Cle~ s.°f Vul~n Encinitas Ave. ))~ III IIIIIII II III IIIII II I I II II
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CI~ )
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CI~ HIGHWAY
Assessors Pardi No.: 261-15~1 Projem No.: CMS96F
W.O. No.:
He~e~ A. L~, as Trustee, under ~e Declaration of Trust dated De.tuber 10, 1992,
hereinafter ~lled GRANTOR (S), do(es) hereby grant, ~nvey and dedi~te to ~e CI~
OF ENCINITAS, S~te of California, hereinafter ~lled G~NTEE, ~e dght-of-~y and
incidents thereto for a public highway u~n, over and across ~at ~in real pmpe~ in
the Ci~ of Encini~s, Coun~ of San Diego, State of California, described as follows:
SEE ~HIBIT "A" A~ACHED HERETO AND ~DE A PART HEREOF BY
THIS REFERENCE,
cov5992
4908
The Grantor hereby further grants to the CITY OF ENOINITAS the privilege and fight 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 dght to eliminate such slopes and/or drainage structures
or portions thereof, when in the wdtten 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
fight 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.
H6rbert A. Lux, Trustee /
Signature of Owners to be notarized.
Attach the appropriate acknowledgements,
CALIFORNIA ALL-PURPOt ACKNOWLEDGMENT
State of
County of
On ~ ~.t~[[¢
personally appeared ~~ ~' ~Name(s)ofSigne~
~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 capaci~(ies), and that by
~ PA~ICIA DREW ~ his/her/their signature(s) on the instrument the person(s),
~'~ C~m.~ 11~7 ~ or the entity upon behalf of which the person(s) acted,
~. ~. ~22, 2~1~
:::::::::::::::::::::::::::::::::::::::: WITNESS my hand and official seal.
Signature ~ No~ Public
OPTIONAL
Though the info~ation below is not required by law, it may prove valuable to persons relying on the d~ument and could prevent
fraudulent removal and reaffachment of this form to another d~ument.
Description of Affached Document
Title or Type of Document: ~~ ~ ~/~q ~~ ~/~
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 ~ Gorporato Officor
~tlo(s): litlo(s):
~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General
~ A~orney-in-Fact ~ AEorney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ Other: Top of thumb here ~ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
994 National Nota~ Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7194 prod. NO. 5907 Reorder: Carl Toll-Free 1-800-876-6827
4910
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by deed or grant dated March
11, 1999 from Herbert A. Lux, as Trustee, under the Declaration of Trust dated
December 10, 1992, 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.
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
4911
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 00008'59" West (South
00008'54" West record), 645.51 feet to the easterly prolongation of the northerly line of
that land conveyed to Herbert Alex Lux, referred to as "Parcel 1" in Order of Preliminary
Distribution No. PN 1933, recorded June 26, 1972 as File No. 162980 of Official Records
of San Diego County; thence along said easterly prolongation, North 89°37'26" West,
30.44 feet to a point on 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 and TRUE POINT
OF BEGINNING; thence along the northerly line of said "Parcel 1", North 89037'26"
West, 14.00 feet; thence leaving said northerly line, South 01004'36" West, 325.47 feet
to an intersection with a line that is parallel with and 50.00 feet north of the south line of
said "Parcel I"; thence along said parallel 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
01004'36" East, 325.47 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\win\rwap3.doc
'' 23 ~ EL CAMINO REAL
4912 26
OF COMMENCEMENT
NE CORNER OF SECT/ON 26
262- 160-45 TRUE POINT
BEGINNING
NORTHERLY LINE OF THE LAND ''~ 1262-073-24
CONVEYED TO HERBERT ALEX LUX 14.00'
REFERRED TO AS "PARCEL 1" 30
FILE. NO. 162980
CL SDG~E EASEMENT
(NO WIDTH GIVEN)
FILE NO. 82-394500'~
EX/STING
BOOK ~JB~, PG JJ9 ~ ~~ T
261-150-61
HERBRET A. LUX I
~NSDG~
I
0 ~D rH GleN) I
BOOK 4718, PG. 454 J
NEW
I
LINE PARALLEL AND 50' ~N
NORTH OF KHE SOUTH L/NE ~ -SEpE 'T/~ L/NE
CON~D FO HERBERK ALEX LUX .j..O.S.
14943
REFERRED TO AS "PARCEL 1"
261-150-64 j
, / )~ INDCIA~S RIGH~ OF ~AY Fo
~---.~--~ BE ACOUIRED FOR MANCHES~R
O' 50' 100' ~ONALD
, ~ l.~ 4312
SCAL~' 1~ 50' EX~ ~-30-oo EXHIBIT "B"
~,, ,*.,~..~ ~ NOLTE andASS~IATES, Inc. RIGHT OF WAY ACQUISITION
.~ s~s, ~, ~"~~ En~in~rs / Planners / Suweyors
.... ,:~,,~c~ APN 261-150-61