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1998-165061 DOg 1998-0165061 ~ORDING R,I~QUESTED BY OFFICIAL EECOEDS ,,~ SAN OIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: [;EGORY ~c ,_,M.,TH, COUNTY RECORDER CITY CLERK FEES: 0,00 CITY OF ENCINITAS 505 S. VULCAN AVENUE 1998-0165061 TEMPORARY CONSTRUCTION EASEMENT For the benefit of the City District County Route Location Number 11 SD 5 KP67.9/67.4 2-2 Evelyn M. Weidner, as Trustee under Declaration of Trust Dated May 10, 1 989, as Trustee of the Robert E. Weidner Residuary Trust and as Trustee of the Robert E. Weidner Qualified Marital Deduction Trust, hereinafter referred to as GRANTOR, hereby grants to the City of Encinitas, a California Municipal Corporation, its successors, or assigns, a Temporary Construction Easement, on, over, under, across and through that portion of GRANTOR'S real property situated in the City of Encinitas, State of California described in a Legal Description designated as Exhibit "A", attached hereto and by reference made a part hereof. Said Temporary Construction Easement shall have a duration of 14 months from commencement of Construction on GRANTOR'S property described in said Exhibit "A". All as more particularly shown on a map designated as Exhibit "B" attached hereto, and by reference made a part hereof. Dated: Evely~rM. Weidner, Trustee STATE OF CALIFORNIA · DEPARTMEN RANSPORTATION EXHIBIT ALL-PURPOSE ACKNOWLEDGEMENT ? 3 4 8-EX-28 (Form #) CAPACITY CLAIMED BY state of ~?/~c~ ~;; P,' } SIGNER } } [ ]INDIVIDUALS [ ] CORPO~TE  ~ ~ ~ OFFICER(S) ~Da~ Name, Title of Officer, e.g.. "Jane Doe, Nom~ ~blic" Title(s) personally appeared ~[J~ ~ ~ ~, ~ ~]~.~ [ ] PARTNER(S) [ ] A~ORNEY-IN-FACT Name(s) of Signer(s) ~ ' [~ ~USTEE(S) ~] SUBSCRIBING ~TNESS ~ Gomm ~1054~78 ~ Name of person(s) or entiw(ies) A~N~ON NOTARY: Al~ough ~e infomfion ~quesmd below is OPTIONAL, it could prevent ~ISCER~CA~ Tifle or Type of Document ~*r~ ~.~O~d~ MUST BE A~ACHED Numb~r of Pages ~ ~-~/ Date~Document TO ~E DOCUMENT Signefis) O~er ~an Named A~ve DESC~ED AT ~GHT: 1735 TEMPORARY CONSTRUCTION EASEMENT 2 (NURSERY/WEIDNER) LEGAL DESCRIPTION All that potion of Lot 9, in Block "D" of South Coast Park Annex, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1788, filed in the Office of the San Diego County Recorder, March 29, 1924, described as follows: Beginning at the intersection of the easterly line of said Lot 9 with the southerly line of that portion of Lot 9 described in the Grant Deed to the County of San Diego, recorded July 22, 1971, as File/Page No. 159768 of Official Records; thence southerly, along said easterly line, South 15°03'30'' East 6.605 meters to the True Point of Beginning, said point being the beginning of a non-tangent 289.157 meter radius curve, concave southerly, a radial of which bears North 04o44'55'' West to said point; thence leaving said easterly line, westerly, along the arc of said curve, through a central angle of 01°27'00", a distance of 7.318 meters; thence along a non-tangent line, South 74o36'00'' West 40.466 meters; thence North 13o56'09'' West 5.666 meters to a line which is parallel with and 4.500 meters southerly of said southerly line of the Grant to the County of San Diego; thence easterly, along said parallel line, North 76°03'51" East 1.524 meters to the beginning of a tangent 291.157 meter radius curve, concave southerly; thence easterly, along the arc of said curve, through a central angle of 09°06'56'', a distance of 46.322 meters to said easterly line of said Lot 9; thence southerly, along said easterly line, South 15003'30'' East 2.033 meters to the True Point of Beginning. The above-described parcel contains 189.022 square meters. 23271.02LGL/2-26-98 2 EXHIBIT B 1736 · 9FARINGS AND DISTANCES SHOVel HEREON ARE GRID, BASED UPON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 6 AS DETERMINED LOCALLY BETWEEN CALIRN~S CONTROL MONUMENTS $-42.69 AND 5--44.1A, LE., NOR1H 13'30'05' ~ST. TO OBTAIN C.,80UND . REMAINDER 5048.675 ..................................... SQ. MTES. EXIST. SLOPE ESM'T TO THE CO0~I-TY ~i OF SAN DIEGO, REC. 7-22-71 ~*: .......... i F1LE NO. 71-159768 O.R.~ · ',, ~- (o R=291.157m ; CONSTRU( i, j~ OE.O~S: rEM~'OR^R~ ....... '-x~ / CONSTRUCTION"! ....... ~-~ ..... ~ EASEMEN~ ; ~j ~' . .;. ~:. ...... ~.,. DATE: 9-16-97 ~J.}t L§'! ~J~ .3J, U_q,~ ~, hl.~ 'J.7~',3 SCALE: 1:500 APPEAISAL MAP TITLE ORDER NO. : 0073,38081 U52 OWNER: WEIDNER TRUST CITY OF' ENCINIT^$ PROPERTY ADDRESS: Son Diego County 8~0 EOLUS AVE.