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