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1999-637335Recording Requested By: ) ) DOC 1.999-0637335 City of Encinitas ) ) Sop i7, i999 9:i8 When Recorded Mail to: ) OFFICIAL RECORDS City Clerk ) SAN DIEGO COUNTY RECORDER'8 OFFICE City of Encinitas ) 505 South Vulcan Avenue ) 2 3 4 ~ GREGORY FEES: J' S~ITH, COUNTY0.00RECORDER Encinitas, CA 92024 ) ' Ill II I lill II II Illl Il ll II FOR THE BENEFIT OF THE CITY ) '}SPACE ABOVE FI_ l~09.06a?sa5 EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. Project No.: MUP 98-068 259-320-04 W.O. No.: 5890-IR San Dieguito Union High School District hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if 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 Califomia, described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) 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 the 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. grant.hwy 4-16-1999 jlr 1 The' Grant~r hereby furthe~ats to the Grantee ail trees, growths, or that may hereafter grow), and road building materiais within said right-of-way, including the right to take water, together with the right to use the same in such a 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 ail 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. Datedthis 28 day of dune ,1999 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT OWNER: Secretary, Board of Trustees Signature of Owners to be notarized. Attach the appropriate acknowledgments . This is to certify that the interest in real property conveyed by deed or grant 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: F~ltg- qq Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas grant.hwy 4-16-1999 jlr 2 2350 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of L~L/r'-(Y/~V/~- County of ~ On $/~ ~, /~ beforeme, ~'~i~a/ ~ ~L/~/~ ~/~V ~1/~ - ~ ~ ~ ~ ~ (e.g.. '~ ~ N~ ~r~nally appeared ~ ] / ~ /_/ ~ ~, ~1~ ~'pemonally known to me - OR - ~ pmv~ to me on the basis of satisfa~o~ evidence to ~ the pemon~ wh~e name~ i~sub~Hbed to the within instrument and acknowledged to me ~at h~ executed -----' -5~A:D:G:I;';--i samein hi--authorized capaci~), and that by ~ C~mm~[o,, ~ ~ ~370 hi~ignature~ on the instrument the ~mon(e), ~ ~ NO Q~ PUD C- ~Qi;[~[Q ~ or the enti~ upon behalf of which the pemon~ acted, ~ ~ Son ~c C~n~ I executed the instrument. ~ ~ ~ ..... ~ -- ~ -- ~ -- ~ WITNESS my hand and official seal. O~TIONAL ~elcriptlon of A~achea ~uaent ~tleorTypeofD~ument: ~ ~ ~b2~r ~ {'IT Y ~I ~.V ~cument Date: ~C~ / ~ /~4 E Number of Pages: Signer(s) O~er Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ~/LZ/~ ~ ~C~/~ Signer's Name: ~ Individual ~ IndMdual ~ Co.orate Officer ~ Co.orate ~icer T~le(s): ~tle(s): ~ Pa~ner -- ~ Lim~ed ~ General ~ Padner ~ ~ Limited ~ General ~ A~omey-in-Fact ~ A~omey-in-Fa~ ~ Trustee ~ Trustee ~ Guardian or Consewator ~ Guardian or Consewator ~ ~her: ~ Top of th~b hem ~ Other: ~op ot thumb here Signer Is Representing: Signer Is Representing: 2351 DEED OF DEDICATION 259-320-04 LEGAL DESCRIPTION AN EASEMENT FOR ROAD PURPOSES, AND THE RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSES (TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID EASEMENT) IN, OVER, UNDER, AND ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SBM, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN OF RECORD OF SURVEY MAP NO. 8985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APRIL 8, 1982 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID RECORD OF SURVEY MAP NO. 8985; THENCE ALONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP S88°37'55"E 672.27 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 66.00 FEET, A RADIAL LINE TO SAID POINT BEARS N23°55'10"E; THENCE EASTERLY, SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE 261.55 FEET THROUGH A CENTRAL ANGLE OF 227°03'13" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 39.00 FEET, A RADIAL BEARING TO SAID POINT BEARS N70°58'23"E; THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY ALONG SAID CURVE 44.81 FEET THROUGH A CENTRAL ANGLE OF 65°49'30"; THENCE N84°51'07"W 9.55 FEET TO AN INTERSECTION WITH A LINE WHICH IS 58.00 FEET, MEASURED AT RIGHT ANGLES, SOUTHERLY OF THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP; THENCE N88°37'55"W ALONG SAID PARALLEL LINE 499.91 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 30.00 FEET; THENCE WESTERLY, SOUTHWESTERLY, AND SOUTHERLY ALONG SAID CURVE 47.01 FEET THROUGH A CENTRAL ANGLE OF 89°47'28" TO A POINT OF TANGENCY WITH SAID LINE HEREIN ABOVE DESCRIBED WHICH IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF THE CENTERLINE OF BALOUR DRIVE AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE ALONG SAID PARALLEL LINE S1°34'37"W 75.31 FEET TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE ALONG SAID SOUTHERLY LINE N 88°39'23"W 12.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 30.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF THE CENTERLINE OF BALOUR DRIVE AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE ALONG SAID PARALLEL LINE N1°34'37"E 163.21 FEET TO THE POINT OF Q~\JIMTE MI~LEG AI~3 9 3 REVISED.doc ' '2352 EXi4Brr 'B' - PLAT FOR FI/W DED~AllON IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA I I OAKCREST PARK ~ 8EO 14 R O~ 8 8986 :~I~ T 13 S, R 4 W I B,B,Mo "= ~2o' I f-- :..'.:.:.:.:.:.:,:.:.:.:.:.:,:.:.:.:.:. ~ INDICATES v~ HEREON. POB Cl 30.00' 89'47'28' 47.01' ~. '["~I-~ ~ SOUTHWEST CORNER OF ' c5 66.00' 227'03'13" 261.55' ' '~. RECORD OF SURVEY b c6 39.00' 65'49'30" 44,81' ? MAP NO. 8985. o ~l,~ "Cl "~.':'"":' S88 37 55 E":"~ ~'.'.:".'."~"~ · "~ ~ HIGH SCHOOL DISTRICT \ ~ " t; ~ N70'58'23"E(R) '~ 12.00' UNE OF SOUTHEAST QUARTER '-" ~ ,30.00' OF NCRTHWEST QUARTL~ OF SECTION 14. 42' Ar':N ............ LEGEND BURKETT AND WON(; ENG. IND. EXISTING DEDICATED STREET 5454 FOURTH A'VE. ....... IND. PROPOSED DEDICATED STREET SAN DIEGO, CA 9210,,3 2.353 Resolution Dedicating an Interest in ) Real Property ) ) On motion of Member Ms. Di erker , seconded by Member Ms. 0' Connel 1 , the following resolution is adopted: WHEREAS, this Board on May 20, 1999, adopted a resolution of intention to dedicate an interest in real property owned by this District to the City of Encinitas, County 'of San Diego, State of California, a municipal corporation; and WHEREAS, said resolution of intention provided that a public hearing on the request of malting such dedication be held by this Board at its regular place of meeting on June 17, 1999, at 6:30 o'clock p.m., at which time and place all persons interested therein might appear and show cause why said dedication should not be made; and WHEREAS, notice of the adoption of said resolution of intention was duly given as provided by law, all of which appears by the affidavits of posting and publication on file in the office of this Board; and WHEREAS, this Board formally convened at the time and place set forth in said resolution of intention, and no persons appeared to object to or protest either verbally or in writing against the dedication of the property described in said resolution; and WHEREAS, in the judgment of this Board it is expedient and for the best interests of this District that said dedication be made; NOW THEREFORE, BE IT RESOLVED AND ORDERED by the Governing Board of the San Dieguito Union High School District of San Diego County that an interest in real property for the purposes described in the resolution adopted by this Board on May 20, 1999, be and it is hereby dedicated to the City of Encinitas, County of San Diego; BE IT FURTHER RESOLVED AND ORDERED that the Secretary of this Board be and is hereby authorized and directed to execute and deliver the Easement for City Highway described in said resolution of intention to said applicant. PASSED AND ADOPTED by the Governing Board of the San Dieguito Union High School District of San Diego County, California this 17 day of June, 1999, by the following vote: AYES: Dalessandro, Flores, Groth, Rich, Hartley ADVISORY VOTES: Dierker, O'Connell, Stein NOES: None ABSENT: None