1999-299393 DOC 1999-0299393
Recording requested by: M~,' 04 · '!999 11 : O~ ~
City of Encinitas ~ICI~ ~
~ DIE~ ~Y ~'B ~FI~
When recorded maim to: ~ J. ~I~, ~ ~
City Clerk ~: 0,~
City of Encinitas 6 8 8 m
505 S. Vulcan Ave.
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No.: 261-150-38 Project No.: CMS96F
W.O. No.:
~emple Solel, a Cahforn~a Non-Profit Corporation, hereinafter called G~NTOR (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 ce~ain real properly in the City of Encinitas,
County of San Diego, State of California, described as follows:
SEE EXHIBITS "A" and "B" A~ACHED 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 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 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,
approval for which shall not be unreasonably withheld.
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
right 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.
Temple Solel, a California Non-Profit Corporation
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
cov5992
'- ,1690
· ALL-PURPOSE ACKNOWLEDGMENT
~tate of California ~ ss
~ County of ~ ~}~ [ ' ~
~On ~/~/qq beforeme, ' ~O~~ ~. e~~
[ personally appe~ed ~ ~ W~ , ~ ~ ~
~ ~ personally known to me - OR- ~roved to me on the basis of satisfactory
I evidence to be the person~'whose name(~
~ is/ar~ubscfibed to the wi~in instrument anq
ac~owledged to me that hW~(~ex~uted
the same in his/~/th~ authorized
capacity(i~, and that by his/~t~
signature~ the ins~ment the person~
or the entity upon behalf of which the
person) acted, executed the ins~ument.
I .............................. WIT~ESS my hand ~d official seal.
O~ION~ INFOR~ON
~e information ~low is not required by law. However, it could prevent fraudulent atmchm~m of this ac~owl-
ed~men~ to ~ unau~orized d~umenL
CAPAC~ C~ED BY SIG~R (PR~CIPAL) DESCRIPTION OF A~AC~D DOCUMENT
.
~ ~ PAR~ER(S)
i ~ A~ORNEY-IN-FACT O ~ ~ + ~Q,[~0~ C~b~W
I ~ TRUSTEE(S) ~~ ~
~ GUARDIAN/CONSERVATOR
~ SIGN~ REPRESENTING- DA~ OF DOCUMENT
GOVERNMENT CODE SECTION 27281 ' 4691
This is to certify that the interest in real property conveyed by deed or grant dated
April 13, 1999 from Temple Solel, a California Non-Profit Corporation, 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: /-1/- ~' ~' "' ~ ~
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
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
00°08'54" West record), 342.73 feet to the easterly ¢'olongation of the southerly line of
the land described in deed to Ben Yasuda and Sumiko Gail Yasuda, recorded June 23,
1993 as Document No. 1993-0397078; thence along said easterly prolongation, South
89°52'42'' West, 26.99 feet to the Southeast comer of said land and TRUE POINT OF
BEGINNING; thence along the southerly line thereof, South 89°52'42" West, 12.57
feet; thence leaving said southerly line, North 01004'36" East, 145.99 feet to the easterly
line of said land; thence along said easterly line South 03°51 '08" East, 146.53 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.
No, 4312
~ ~_...~.~..~ -~'-/~'~ , Exp.:6-30-O0
Ronald C. Parker Date
LS 4312
\\sdsl\project\sd0442\win~rwapl.doc
CAMINO
REAL
~-/' NE CORNER OF SEClION
40' PUBLIC UTILITY EASEMENT
FILE NO. ~i ~_j __/
'~'/SG~. 5~5~5NT ~ I
FILENO. 17J550 '[ [ j~ I~
TEMPLE SOLEL I~ i jl
SOUTHERLY LINE OF THE
LAND DESCRIBED IN DEED 70
BEN AND SUMIKA GAlL YASUDA
S89 '$2
261- 150-45 1257'
[RUE POINT OF
BEGINNING
7 .? i INDCIATE$ RIGHT OF WAY
"'" "'"" "*'*:~ BE ACOUIRED FOR MANCHESTER
O' ~0' 100' RONALD C PARKER DA TE