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1999-193656 DO0 1 99-0193656 4917 Recording requested by: OFFICIAL RECORDS City of Encinitas SAN DIEGO COUNTY REOORDER'S OFFICE GREGORY ,l. ~ITH, COUNTY ECORER When recorded mail to: FEES: 0.00 Encinitas, CA 92024 ~.0ma~s6 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No.: 261-150-64 Project No.: CMS96F W.O. No.: Sts. Constantine and Helen Greek Orthodox Church, hereinafter called GRANTOR (S), do(es) hereby grant, convey and dedicate to the CITY OF ENClNITAS, 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 California, described as follows: SEE EXHIBIT "A" ATTACHED 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 deschbed 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 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 dght 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. Sts. Constantine and Helen Greek Orthodox Church ISignature of Owners to be notarized. Attach the appropriate acknowledgements. No. 5907 State of ~//~r/'i'/'~ r'/(. County of ~:,/~_ b _~/r,~/.~_.~ DATE /~¢ N~ME, TIT F OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared ~ personally known to me - OR -~oved to me on the basis of satisfacto~ evince to be the pers~whose name~)~re subscribed to the within instrument and ac- knowledged to me th~she/they executed the same in~er/their authorized capacity(~, and that by.her/their signatur~ on the instrument' the person), or the entity upon behalf of which the person~ acted, executed the instrument. i ........ my hand and seal. Susan M. TrakasWootton i( COMM. #1145350 O My Commission Expires ~ JULY 3, 20el I SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'Iq-ORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 £0 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant dated March 4, 1999 from Sts. Constantine and Helen Greek Orthodox Church, 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: '?'2- I/¢ - ~' ? Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas 492. 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: The easterly 56.00 feet of the land conveyed to Sts. Constantine & Helen Greek Orthodox Church, recorded September 19, 1986 as File No. 86-412588 of Official Records of San Diego County, all as shown on the map attached herewith and made a part hereto. EXCEPTING THEREFROM the easterly 20.00 feet of right of way granted to County of San Diego by deed recorded October 26, 1927 in Book 1381, page 339 of Deeds Prepared By: NOLTE and ASSOCIATES, Inc. ~ Ronald C. Parker Date __Exp.: 6-30-00 LS 4312 ~,~ n:\sd0442\win\rwap4.doc d 9 2 2, 2~ ~ EL CAMINO REAL ~6 ~-POIN? OF COIWMENOEMEN? NE ~ORNER OF ~ECT/ON 2~ BOOK ~, P~ ~ ~ F/LE NO. ~-~2~ ~ ~REEK OR~ODOX .~ ~ ~ CHURCH ~ ~ ~ ~ ~ ~ NEW ~ 36. 00' J6. , ~' ~ ~.SOa~ -- (NO ~DFH Q~N~ ~ ~ I ....... " ............. BE ACOUIRED FOR MANCHESTEP AVENUE = ~.800 SF ~ m.~H ~ ~-/~.~ O' JO' 60' .t~./.~ PONALD C PARKER DATE ~~ L,S ~3~2 SCA~n. ~ 30' [XR ~-50-00 ~X~8~T ~..~ ,o,~ ~ NOLTE and ASS~IATES~ Inc. OF WAY ACGUISITION ~ ~' '~' ~"~ Ensineers / Planners / 5uweyors .... .w,., APN 261-150-64 ,=,~-- ~o~ ~s~ ~,~y ~,,~ ~o=~. s~;~ 3o~. so~ ~;~go. c~ ~3 CITY OF ENCINITAS