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1989-501711W3{EN RECORDED, ~ASE MAIL THIS INS%~UMENT TO: City Engineer Department of Public Works city of En¢initas 527 Encinitas Boulevard Encinitas, CA 92024 NO TRANSFER TAX DUE i, -0429 SPACE ABOVE FOR RECORDER~S USE ONLY FOR CITY HIGHWAY NO FEE Assessor's Parcel No. 259- 180,~'T7 ProJect~-,Z~ W.O. No. ~Z~ Parcel No. ~/~ Log No. ~l BETHLEHEM LUTHERAN CHURCH hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedioate to the CITY OF ENCINITAS, State of California, hereinafter called GPJtNTEE, 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 HS/04/COV1-62wP EXHIBIT 'A' Beginning at the center of the Southwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, said center also being the intersection of the centerlines of Balour Drive and Melba Road; thence North 0042,38" East, 30.00 feet along the centerline of Balour Drive; thence South 89°33'49'' East 30.00 feet along the westerly prolongation of the Northerly right-of-way line of Melba Road to the point of intersection with the Easterly right-of-way line of Balour Drive and the TRUE POINT OF BEGINNING; Thence North 0°42'38'' East 20.10 feet along the Easterly right-of-way line of Balour Drive to a point on a 20.00 foot radius curve concave Northeasterly, a radial to said point bears ~orth 89017'22.. West; thence along arc of said curve Southeasterly 31.51 feet through a central angle of 90016'27'. to a point on the Northerly right-of-way line of Melba Road; thence along said right-of-way line of Melba Road North 89o33'49" West 20.10 feet to the TRUE POINT OF BEGINNING. Contains 87 square feet more or less 0430 The Grantor herd Ifurther ~rants to the OF ENCINITAS the privilege and ~ht to extend drainage structures and excavation and embankme.nt 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 dralnage 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, including the right to take water, 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. The Grantor, for himself, his successors an~ 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 ~Oz~- ..... day of _.~2~__'~ 19~_~ SIGNATURES TO BE NOTARIZED I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said COuncil adopted on July 27, 1987 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: ~' I~ By: ~0~_. ~~ WARREN ~'." SHAFER, Clty Manager City of Encinitas HS/04/COV1-62WP (10-12-88) I,,I o R"T'I.--/ £ ~' [.-¥ /~/GH 7"-OF- ~AY l-I/dE 'i~-`' STATE OF CALIFORNIA ~'COt)NTY OF ~ One, before me, the undersigned Notary Public in and for said State, pereonelly eppeared evidsoco to be the person(s) who executed the within instrument as the President and aa the ,~l~l~e~y by-laws or a resolution of i!s board.of dire/0~rs, TITLE iNEURANCE FOR NOTARY SEAL OR STAMP