1994-572545 Recording Request By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
~ASEMENT FOR CITY HIGHWAY
Assessor's Parcel Project NO.:TM 9~-211
No. 264-151-46 W.O. No.:
Neal W. DeLav and Lois J. DeLay0 Co-Trustees. or their Successors
in Trust, under the DeLay Familv Trust. dated July 19. 1988
hereinafter called GRANTOR(S), do(es) 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 ANDMADE A PART HEREOF BY
THIS REFERENCE,
cov4054 1
The Grantor herek~further grants to the C]~ 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, 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 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 ~d day of Au:~C7c , 19~
O~ER:
Signature of Owner~ 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 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 ~t.~r.ize~ if~ce~
Date: ~/~/~. By:
MU~Y~EN, Interim City Manager
City of Encinitas
cov405,t 2
ACKNOWLEDGME~~t9
"CALIFORNIA ALL-~RPOSE ~'
otary Public,
personally appeared ,~). / ~.~ ~-~-"~;/~L~ ~ ~C~. ~.
/
/
p~r~na~g ~m (or prov~ to mo on tho ba~i~ o~ ~ti~aeto~ ovido~o) to bo tho
whoso namo(s) ~aro sub~rib~ to tho w~hin lnstrumeat and acknowl~ to m~ t~
ox~ tho ~mo in g~'~cr~hoir a~fiz~ m~e~y(i~), and that by ~r/thok ~i~natum(s) on tho
instmmont tho po~on(~), or tho ont~y u~n ~ o~ which tho pomn{~) a~, ox~
instrumont.
WITNESS my hand ancl-~ficial seal.
Signature ~/ //"h~ ,~, .~'~"~_~. ~'"~
COMM./~989627 >
~O, ~,~.~ NOTARYPUBL~-CALiFORN~A Co
SAN DIEGO COUNTY m
~ ~ MyComm Expires MAR 28, 1997 F
(Seal)
I270
EXHIBIT "A"
LEGAL DESCRIPTION: EASEMENT FOR PUBLIC HIGHWAY
A STRIP OF LAND 30 FEET IN WIDTH, BEING A PORTION OF THAT
LAND DESCRIBED IN DEED TO NEAL W. DELAY AND LOIS J. DELAY, RE-
CORDED OCTOBER 28, 1968 IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY AS FILE/PAGE NO. 187959, OFFICIAL RECORDS, LYING
WITHIN LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 848 FILED IN THE OFFICE OF SAID COUNTY RECORDER
JUNE 27, 1898. SAID STRIP BEING 30 FEET EASTERLY MEASURED AT
RIGHT ANGLES THERETO THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 18,
DISTANT THEREON NORTH 86°45'00'' EAST 475.45 FEET FROM THE NORTH-
WEST CORNER THEREOF. SAID POINT BEING THE NORTHEASTERLY CORNER OF
THAT LAND DESCRIBED IN DEED TO FREDERICK MICHAEL REVA AND DORIS
YVONNE REVA RECORDED JUNE 19, 1985 IN THE OFFICE OF SAID COUNTY
RECORDER AS DOCUMENT NO. 85-217257, OFFICIAL RECORDS; THENCE
SOUTH 8" 31'25" WEST, ALONG THE EASTERLY LINE OF SAID REVA LAND,
609.84 FEET TO THE SOUTHEASTERLY CORNER THEREOF, SAID CORNER
BEING ON THE SOUTHERLY LINE OF SAID DELAY LAND.
THE EASTERLY SIDELINES OF SAID 30 FOOT STRIP TO TERMINATE
NORTHERLY IN THE NORTHERLY LINE AND SOUTHERLY IN THE SOUTHERLY
LINE OF SAID DELAY LAND. ALL SHOWN FOR CLARITY ON EXHIBIT "B"
ATTACHED HERETO AND MADE A PART HEREOF.
a~n~S~T"S" . 127I
EASEMENT PLAT
/ ~'~- //~/ -- PieR, DC~~I
,'_c, , ,,-~ ~.6~' /5
_~o.oo
t/~6 OF ~
~ zx/~r ~o' EASEMENT
DELAY LAND
586"15'50"~ ~90.00
LEGEND ~s.4~' o~R Rs-!
DD-I INDICATES ~CORD DATAP~ DOC. F/p 1~7~5~ '
DD~Z INDICATE5 ~CORD DATA PER DOC. N0,85-217Z57