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