1999-193668
.
. DOC 8, 1999-0193668
MAR 25, 1999 11:20 (:'tM
Recording requested by: ) OFFICIAL RECORDS
)
City of Encinitas ) SAN DIEGO COUNTY ~'fCORDER'S OFFICE
) 4938 GREGORY J. SMITH, COUNTY RECORDER
When recorded mail to: ) FEES: 0.00
City Clerk ) \ \"1'1 \1'1' I'll' I'll' I'll 1\"11 "1'1 II'~ \'1" \\\\, 'III' '11'1 I'll 1"\
City of Encinitas )
505 S. Vulcan Ave. )
Encinitas, CA 92024 ) 1999.0193668
)
FOR THE BENEFIT OF THE CITY )
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No.: 261-210-01 Project No.: CMS96F
261-210-12 w.O. No.:
Sumiko Gail Yasuda, Trustee of Trust A of the Yasuda Revocable Family Trust dated
March 25, 1987, as to an undivided 9.60% interest; and Sumiko Gail Yasuda, Trustee of
Trust B of the Yasuda Revocable Family Trust dated March 25, 1987 as to an undivided
40.40% interest; and the Yasuda Family Partnership, a General Partnership as to an
undivided 50% interest, hereinafter called GRANTOR (S), dotes) hereby grant, convey
and dedicate to the CITY OF ENCINITAS, 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
. 4939 .
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.
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.
..~ I t.{fh...-. /qqq
Dated this ""7' -- . day Ofv}(ll U/JI.r'f t9ijW
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council adopted on November 9, 1994 that the City of
Encinitas consents to the making of the foregoing Right-of-Way Dedication and consents
to recordation thereof by its duly authorized officer.
Date:~ By:
Alan D. Archibald, P.E.
Director of Engineering Services
City of Encinitas
cov5992 I
. 49:;Q .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of (1j¡fJòrl1 ì t.L
County of ~~ì€jo
...--.
OnvJl1ilflllt-:/ /4./QQQ before me,
OAT ,
personally appeared
1á personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
t executed the instrument.
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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
mLEIS)
DPARTNER(S) 0 LIMITED
0 GENERAL NUMBER OF PAGES
0 ATTORNEY-IN-FACT
DTRUSTEE(S) DATE OF DOCUMENT
0 GUARDIAN/CONSERVATOR
DOTHER:
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S DR ENT11YOES)
I
. .
4941
GOVERNMENT CODE SECTION 27281
* * * *
This is to certify that the interest in real property conveyed by deed or grant dated
January 14, 1999 from Sumiko Gail Yasuda, Trustee for Trusts A and B, and Yasuda
Family Partnership 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: 2-1-1-- qq
By: Gk~
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
. 49.12 .
EXHIBIT A
Legal Description
Parcel A
Right of Way Acquisition
That portion of the Southeast Quarter of Section 26, Township 13 South, Range 4 West,
San Bernadino Base Meridian, in the County of San Diego, State of California, according
to United States Government Survey, the centerline of a 112.00 foot strip of land which
is described as follows:
Commencing at the Northwest corner of the Southeast Quarter of Section 26, thence
along the northerly line thereof as shown on Map No. 8067, South 88°51 '25" East,
1,542.53 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly
line, South 19°00'48" East, 81.02 feet to the beginning of a tangent curve concave to the
northwest having a radius of 600.00 feet; thence 253.60 feet southwesterly along said
curve through a central angle of24°13'00"; thence South 43°13'48" West, 1,042.97 feet
to the beginning ofa tangent curve concave to the northwest having a radius of 974.00
feet; thence 312.36 feet southwesterly along said curve through a central angle of
18°22'28" to the terminus point, said terminus point being a point on the State of
California Right of Way as shown on the Monumentation Map for Route 1I-SD-5, MS
777 of 1976, dated 19 January 1977, all as shown on the map attached herewith and
made a part hereto.
EXCEPTING THEREFROM ANY PORTION NOT LYING WITHIN Grantor's land.
Prepared By:
NOLTE and ASSOCIATES, Inc.
~JJ~ 5-Zo-,,/f3
Ronald C. Parker Date
LS 4312
n:\sd0442\win\rwap6.doc
. .
4943
261-150-65
PD/NT DF CDMMENCEMENT, CENTER
DF SECT/DN 26 PER MAP No. 80.67
S88'51 '25NE 1,542.53 --
\ 261-210-01) /2
\
\ YASUDA
\
\
\
261-210-17
40' WIDE TRA VELED RDADWA Y ¡
PERSCRIPTIVE EASEMENT
ð. = 18'22'28N II&.
R = 974.00' I
L = 312.36' /NDC/A rES RIGHT OF WA Y TO
BE ACQUIRED FOR MANCHESTER
A VENUE = 17,969 SF
(¿..@ cP ~ 5"'W'1B
0' 200' 400' RONALD C. PARKER DATE
L5. 4312 EXHIBIT "B"
SCALE: 1N= 200' EX? 6-30-00
:::; ":?::~' ;':~ ~ NOLTE and ASSOCIATES, Inc. RIGHT OF WAY ACQUISITION
:::"~=~~ Engineers / Planners / Surveyors APN 261-210-01
---,~
~,,- ~n -----"""'--- 5469 Keom, Villo Rood. S,lle 305, 500 Diego. CA 92123 CITY OF ENCINITAS
œ_,,-"'JL- -- Telephooo,(619) 278-9392 Fo,,(619) 278-4628 --, ODO'" 1<>1_...
I