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2003-145139 1475 · Recording Requested By: ) ) DOC 2003-0145139 City o f Encinitas ) ) I~EB O7, 2003 2:5c. When Recorded Mail to: ) City Clerk ) ~[IClPt. City of Encinitas ) 8t~ I)IE~0 [I11~1¥ ~ffl~R'8 ~eFICE 505 South Vulcan Avenue ) ~ J' S~IIH, COlfff¥ ~8: 0.00 Encinitas, CA 92024 ) IE: ) /~I) / ,l> EASEMENT FOR TRAFFIC SIGNAL APPURATIS Assessor's Parcel No. Project No.: 7435-G 261-150-38 W.O.No: 98-123 MUP/DR/CDP TEMPLE SOLEL, A CALIFORNIA NON-PROFIT CORPORATION hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Encinitas, State of California, hereinafter called GRANTEE, the easement and incidents thereto for traffic signal equipment and appurtenances, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOE BY THIS REFERENCE, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to where required for the construction and maintenance of said traffic signal equipment and appurtenances. Reserving unto the GRANTOR of the above described parcel of land, his successors or assigns, the right to repair and maintain said equipment, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or facility, provided such substitution is first approved in writing by the City Engineer. The Grantor hereby further grants to the Grantee all trees, growths, (growing 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 a manner and at such locations as said Grantee may 98-123 MANCHESTER 7435 SOLELtraffic.Doci deem proper, needful, or n~essary, in the construction, reconst~tion, improvement, or maintenance of said easement. The Grantor, for himself/herself, successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the easement hereby conveyed by reason of the location, construction, or maintenance of said easement. The Grantor hereby assumes responsibility for costs of the maimenance and repair of said traffic equipment and appurtenances that may result form negligence on the part of the Grantor's or his/hers assignees. The Grantor additionally assumes the responsibility for the costs repair and relocation if necessary of said traffic equipmem, which may result from the relocation, and construction of the Grantor's improvements within said easement. Dated this ~ day of ~'~/, 2003 O~r~s Sig~ / Prim Owner' s Name: Print' Owner's ll[lame: 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: xg/~/~?,~ 'I / - h By: ?/~A~ ~ ]//~4 -- 98-123 MANCHESTER 7435 SOLELtraffic.Doc2 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF TH~ NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO 1V[ERIDIAN, 1N THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 15896, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1998; DESCRIBED AS FOLLOWS: BEGrNNING AT A POINT ON THE NORTH LiNE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26 THAT BEARS N 89°25'36" W 63.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 26, AS. SHOWN ON SAID RECORD OF SURVEY MAP; THENCE PARALLEL WITH THE CENTERLINE OF MANCHESTER AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP S 01'04'29" W 29.77 FEET (RECORD S 01°04'23TM W PER SAID RECORD OF SURVEY MAP) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE S 01'04'29" W 42.46 FEET; THENCE N 81'03'58" W 3.29 FEET; THENCE N 63°44'56TM W 26.24 FEET; THENCE S 79'00'53" W 28.85 FEET; THENCE N 00°15'17TM E 22.90 FEET; THENCE N 71'38'32" E 28.12 FEET; THENCE N 80'17'16" E 18.71 FEET; THENCE N 85'05'52" E 10.71 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 0.038 ACRES 1 ofl ~14756 z (N 89'25'36" W 609.79' R.O.S. 15896).. _N._89'25'36" W 609.81' ~' ~-~ s3.oo'~IMANCHESTER EASEMENT, 9/25/59, I~ ~ AVENUE ' ' PORTION E I/2, NE I/4, NE 1/4 T 13 S, R 4 W ; '1~~ ~ < BEARING LENGTH T1 S 01'04'29" W29.7T 'T2 N 81'05'58" W3.29' o TS ~ SS'~'S6" W 26.2~' TS N 00'~5'~7" E 22.90' z z T7 N 80'17'16" E 18.71' ~ o Z T8 N 85'05'52" W 10.71' ~~~ ~ND~CArES UM~rS 0¢ (S 8~'25'42" [ ~50.83' 8.O.S. TEMPLE SOLEL TRAFFIC SIGNAL EASEMENT 14757 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof --~t~ ~)~(~) ~ ss. D*te personally appeared ~ C~ ~-~F/['~ ~ ~k/ ~T. ~ ~, ~ersonally known to me ~oved to me on the basis of satisfacto~ evidence to be the pemon(s) whose name(s) ~/am subscribed to the within instrument and acknowledged to me that h~chc/they executed the same in h~fftheir authorized capacity(les), and that by ~/their  signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ ~.~~,~, ~NESS my~an~ and official seal. T~oo~ t~o in~ormotion bolo~ is not mqoiro~ ~ to~ it ma~ pmvo u~l~oblo to ~rsons rol~in~ on tho ~ocumont D~ription of ~a~hed Document Title or Type of Document: Document Date: ~ ~/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual D Corporate Officer -- litlo(s): lop of thumb .om ~ Pa~ner ~ ~ Limited ~ General ~ AEomey in Fact ~ Trustee ~ Guardian or Conse~ator ~ Other: Signer Is Representing: