2003-145141 003
'" ~.ecording Reguested By: ) DOg ~t --0145141
)
CityofEncinitas ) FEB O7, 2003 2: 59 PPI
)
When Recorded Mail to: ) OFFIgI~L [f[II~
City Clerk ) 8~1 DIEIt] [l]lJqTY I~[I~I~R'8 ~Ig[
Ci~ of Encinit~ ) G~ J. ~ITH, C~V ~
~8: 0.~
505 Sou~ Vulcm Av~ue ) ~: ~
Enciffit~, CA 92024 )
)
FOR THE BE~FIT OF ~ C~Y ) )SPACE OVE, illllllllmlllmllllmlmlillilllmlillillillllilmllmmllmmlmmlmllmmmlmmllm= **.,
Assessor's P~cel No. Project No.: 7435-G
261-150-38 W.O.No.:98-123 ~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 Califomia, 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 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.
98-123 MANCHESTER 7435 SOLEL.Doc 1
14765
· The Grant6r hereby further grants to the Grantee all trees, growths, (grow~g 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
deem proper, needful, or necessary, in the construction, reconstruction, improvement, or
maintenance of said highway.
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 right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said highway.
Dated this ~'~' day o~!~, 200~
--'(5)~fqER' s Signature:
Pnnt Owner's Name: Print Owner'ls Name:
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.
D at e d: 3~.~. ~~f~/~.~_~
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
98-123 MANCHESTER 7435 SOLEL.Doc 2
14766
oEXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO 15896, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1998,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 26, SAID POINT BEARS N 89'25'36" W
51.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 26, AS SHOWN ON
SAID RECORD OF SURVEY MAP; THENCE S 03'51' 10" E 205.67 FEET ALONG THE
WESTERLY RIGHT OF WAY OF MANCHESTER AVENUE (RECORD S 03'51' 16" E PER
SAID RECORD OF SURVEY MAP) TO THE NORTHERLY CORNER OF PARCEL 'A', A
RIGHT OF WAY ACQUISITION, AS DESCRIBED IN DOCUMENT NO. 1999-0299393,
RECORDED MAY 4, 1999 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE S 01°04'29" W 145.90 FEET ALONG THE WESTERLY LINE OF SAID
PARCEL 'A' (RECORD S 01'04'36" W 145.99 FEET PER SAID DOCUMENT) TO THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SAiD SECTION 26 AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE ALONG
SAID SOUTH LINE N 89'25'35" W 29.67 FEET (RECORD N 89°25'42'' W PER SAID
RECORD OF SURVEY MAP) TO A POINT ON A LINE 63.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF MANCHESTER AVENUE,
AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE PARALLEL WITH SAID
CENTERLINE N 01'04'29" E 350.97 FEET TO THE NORTH LINE OF SAID SECTION 26;
THENCE ALONG SAID NORTH LINE S 89°25'36" E 12.00 FEET TO THE POINT OF
BEGINNING
Il- I l
4307 DATED
I ofl
:14767
PM 'l 1058 2.00,
0
~ANCHESTER
89'25'36" W 609.79 R.O.S. 158~)~ 51.( AVENUE
NE COR.
SEC. 26
I -- T13S R4W
I PORTION S.B.M.
E I/2, NE ~/4, NE I/4
~ 9ECEJON 26
~ T 'J3 S, R 4 W
Zl~
0
--~ INDICA~S PROPOSED
~ I°° ~//m ~ INDICATES PARCEL 'A',
~ AN EXISTING RIGHT o
I ~ o~ wA~ AOOU~S,T~O,,
J DOCUMENT NUMBER
1999-0299595,
MaY 4. 1999 O.R. ~ ' ~ Z
~%~ INDICATES LIMITS OF J ~ ~
I PRIVATE ROAD
EASEMENT, DOCUMENT ,
I
~ ~3.00'
TEMPLE SOLEL
ROAD DEDICATION PLAT
BURKE~' ^ND WON~ EN~. ENCINITA$, CA
~,3, fOURTH AVE. J~l
SAN DIE(30, CA 92103 SCALE:,-- ,o,I JOe# 7499S [ DATE: 11/08/02
14768
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof ~,~('~'-.~i~, .~ ss.
pe~onally appeared ~t'~ [~. ~(~'~ ~ ~CV ~, ~C/~ ,
Name(s) ~ig~r(s)
ersonally known to me
roved to me on the basis of satisfacto~
evidence
to be the pemon(s) whose name(s) is/am
subscribed to the within instrument and
acknowledged to me that ~e/they executed
the same in ~er/their 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)
~ ~ C~mi~i~ ~ ~247~ ~ acted, executed the instrument.
~ ~ ~ D~ C~ ~ ~NESS my ~d ~nd official seal.
Pla~ NO~ Seal Above ~ Signature ~ N~
OPTIONAL
Though the info.etlon ~low is not ~quimd by la~ it may pmve valuable to ~rsons mlying on the document
and could prevent fraudulent mmoval and rea~achment of this fo~ to another d~ument.
Description of Affached D~cu~ent ,
Title or Type of Document: ~~ ~ C~'~
Sionor(s) Othor lhan ~amod
Capaeit~{i~} ~laimed b~ 8i~n~r
Sionor's Ramo:
~ Individual ~o~ of thumb horo
~ Corporato Officer ~ Title(s):
~ Padnor ~ ~ kimitod ~ General
~ A~ornoy in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing:
~ 1997 National Nota~ Association · 9350 De Soto Ave, PO ~x 2402 · ChatswoKh, CA 91313-2402 Prod. Ne. 5~7 Reo~er: Call TolI-Fr~ 1-8~0-876-~27