1987-355268 ~HEN,.RECOi~E
D, PLEASE I
,.~I'L' THIS ~JSTRUMENT TO: i 170 I 3 $ 2
I
City Clerk I
City of Encinitas I .
535 Encinitas Blvd., Suite 100 I
Encinitas, CA 92024 I
I
I
.o R "SFER DUE
E~E~ FOR PUBLIC ~IGNWAY
Assessor's Parcel
No. 255-040-14 Project:O1 ivenhain
W.O. No. :TE2941
Parcel No, :87-0185-A
Log No.:225-09
ERNA SETTERLUND a widow, AND
ERNA SETTERLUND, as Trustee of the Marital Trust of the Estate of Marshall J. Setterlund
hereinafter called GRANTOR{S), do(e~) hereby GRANT, CONVEY and DEDICATE to the City of
Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents
thereto for public highway upon, over and across that certain real property in the City of
Encinitas, State of California, described as follows:
Parcel No. 87-0185-A (05-12-87) IENG:DMW:po)
The Northerly 61.00 feet of the Westerly 111.00 feet of the Easterly 333.00 feet
(measured along the North line) of that portion of Lot 12 of RANCHO LAS
ENCINITAS, in the City of Encinitas, County of San Diego, State of California ,
according to Map thereof No. 848, filed in the Office of the County Recorder of
San Diego County, described as follows:
Commencing at the Northeasterly corner of said Lot 12; thence South 87°03'30"
West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Northerly line, South 87°03'30'' West,
446.00 feet; thence South 02°56'30'' East, 300.00 feet; thence North 87°03'30''
East, 446.00 feet; thence North 02°56'30'' West, 300.00 feet to the TRUE POINT OF
BEGINNING.
· J' 171
.-The ~ANT hereby furthe nts to the GRANTEE the [ 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 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 District 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 said Engineer(s).
The GRANTOR hereby further grants to GRANTEE all trees, growths Igrowing or that may
hereafter grow), and road building materials within said right-of-way, including the right
to take water, together with the right to use the same in such manner and 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
all 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.
Dated this day of ,,'J~/~l.-~ , 19 ~
· E Rj~{A~SETTE RL OND
i'STAT~ OF )ss.
County of' ')
On , 19 , before me, the undersigned, a Notary
Public in and for said County and State, persona-~appeared
known to me to be the person whose name subscribed to
the within instrument, and acknowledged that executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certily :Lh~t the intere~ in real {>roperty conveyed by the foregoing deed or
grant to the
a ~litical cor~r~on ~/or~overnmental a~ency, is hereby accepted on ~hali
the Board oi Directors oi said District, pursuant to authority conierred by Resolution
of said Board adopted on ~arch 20, 19~9, and the District consents to recordation
Date
RESOLUTION NO. 87-39
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ENCINITAS DECLARING THE PUBLIC
NECESSITY FOR THE ACQUISITION OF PROPERTY
FOR STREET PURPOSES AND RELATED PURPOSES,
AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN
FOR THE PURPOSE OF ACQUIRING REAL PROPERTY
AND INTEREST IN REAL PROPERTY TO BE
USED IN CONNECTION THEREWITH
(Assessor's Parcel No. 255-040-14)
WHEREAS, Encinitas is a general law city organized and
existing under and pursuant to California Statutes; and
WHEREAS, it is necessary for the City of Encinitas to
acquire property in order to facilitate the construction of a
widening of Olivenhain Boulevard and related appurtenances; and
WHEREAS, public convenience and necessity require the
acquisition for and in connection with the aforesaid public
improvement of the real property or interest in real property
described in Exhibit A attached hereto; and
WHEREAS, said public improvement is planned and located in a
manner that will be most compatible with the greatest public good
and the least private injur~; and
W~EREAS, the real property or interest in real property are
located within the boundaries of the City of Encinitas; and
WHEREAS, the City of Encinltas is authorized to acquire said
property by eminent domain pursuant to Government Code sections
37350 and 37350.5 and Code of Civil Procedure sections 1240.110
and 1240.120; and
WHEREAS, the City Council of the City of Encinitas has given
each person whose property is to be acquired by eminent domain
and whose name and address appear on the last equalized county
assessment roll notice and a reasonable opportunity to appear and
be heard on matters referred to in Code of Civil Procedure
section 1240.030;
NOW, THEREFORE, IT IS ~{EREBY RESOLVED, DETERMINED, AND
ORDERED by the City Council of the City of Encinitas as follows:
'1. Tha't the public interest, convenience, and necessity of
the City of Encinitas and the inhabitants thereof require the
acquisition of the right-of-way and easement for street and
related purposes, as described in Exhibit A attached hereto.
2. That the public improvements to be constructed upon,
over, under, along, end across the properties described in
Exhibit A have been planned and located in the manner which will
be most compatible with the greatest public good and the least
private injury.
3. That the offer required by section 7267.2 of the
Government Code has been made to the owners of record of the
property to be acquired.
4. That all appropriate officers, representatives, and
attorneys of the City of Encinitas are authorized and directed to
acquire the easement and right-of-way for streets and related
purposes, including the right of ingress and egress, in the
properties described in Exhibit A in the name of and on behalf of
the City of Encinitas, and, to that end, they are authorized and
directed to commence and to prosecute an action or actions in
eminent domain for the purpose of acquiring said interests.
5. That the City of Encinitas has urgent need for the
immediate possession of such properties, and the appropriate
officers, representatives, and attorneys of the City of Encinitas
are authorized and directed to secure an order of court
authorizing the City of Encinitas to take possession of said
properties at the earliest possible date.
6. That this resolution is adopted by a vote of two-thirds
or more of all members of the City Council of the City of
Encinitas.
PASSED AND ADOPTED at a meeting of the City Council of the
City of Encinitas held on the llth day of May 1987, by the
following vote, to wit:
AYES: Council Members Gaines, 0msted,Shea, Steel
NOES: None ~~~
ABSENT: Council Member Luke
ATTEST:
- 2 -
Book# ~ ' Page#~
LEGAL DESCRIPTION
Assessor's Parcel e225-040-14
That portion of Lot 12, RANCHO LAS ENCINITAS, in the
County of San Diego, State of Californda, according to
Map thereof No. 848,~ filed in the Office of the County
Recorder of San Diego County, June 27, 1898, described
as' follows:
Beginnin~ at the Northeast Corner of said Lot 12; then
South 87u03'30" West, 1213.52 feet, along the ~ortherly
line of said Lot to the True Point of Beginning; thence
continuing along said Northerly line, South
87o03,30",West, 446.00 feet; thence South 02056'30"
West, 300.00 feet to the True Point of Beginning.
EXCEPTiNG therefrom the Easterly 222 feet thereof and
Westerly 113 feet thereof.
EXHIBIT "A"
Book
, .,,* Plat Map
' , **,2 .g~
. ** ~. - ,..., ~
/
STATE OF ~/t~O*~)Y
SS.
County of ~,J jl)/z~ o
h~ ~n~r Public in and for
On ~-
said County and State, personally appeared
, /
proved to me on the basis of satisfactory evidence.,to be the perso~whose names)
is~are) subscribed to the within instrument and acknowledged that~he executed the same.
WITNESS my ~a~~ and off~ial~al.
Signature
gckno~l
)
STATE OF ~&,~o~,h ) SS
County of ~JJ/~5~ )
On ~' )~' ~ before ~, the undersigned, j Notary
Public in and for ssld
being proved to me on the basis of satisfactory evidQnce to be the Tru~tee(~ under the _
~' 1"~'
and to be the Per,on(s) whose name(s) is (are) subscribed to the within in'strm~ent and
acknowledges that She . executed the same as Trustee{s) and that said Trust executed
the same.
WITNESS my ~a~ and official/seal.
Name (Typed or printed)