2000-615386 eco ng e uestedBy: ) DOC 2000--0615386
CityofEncinitas ) NO~ 13, 2000 ~-: 5~ PM
)
When Recorded Mail to: ) 0FFICIfl{.
8N( DIEGO (X)LmNTY RECDRDER'~ OFFICE
CiD, Clerk ) ~GORY J. ~IIH, COUNTY RED]RDER
City of£n¢~tas ) FEES: 0.00
505 South Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
SPACE ABOVE FOR RECORDER'S USE ONLY
5' F3, ~ ! EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No. 258-111-15 Project No.: 99-270 MIN/DIUV/CDP
W.O. No.: 6470-G
Hugh Fraser Elliot and Ann Reardon Elliott
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if 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 EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) 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 the 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 drahmge facility, provided such substitution is first approved in writing
by the City Engineer.
gmnthwyesmt.doc 1
wths
The Grantor hereby furthe to the Grantee ail trees, gro , (growing or that may hereaf[er
grow), and mad building materiais within said fight-of-way, including the fight to take water,
together with the right to use the same in such a 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 O0 ,4/~y of ~'~ ,2000
Hugh Fraser Elliott Ann Rem'don Elliott
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
This is to certify that the interest in reai property conveyed by deed or grant 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: tl
Alan D. Archibaid
Director of Engineering Services
City of Encinitas
gmnb",wye~mLdoc 2
CALIFORNIA ALL-PURPO~E ACKNOWLEDGMENT
State of ~Z~
County of ~::~ I~,i
On ~ ~q. ~00 before me, ~ L.
personally appeared ~ ~0GN. ~/~ ~O ~ ~ ~/~
~ersonally known to me - OR -~ proved to me on the basis of satisfacto~ evidence to be the pemon(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 capaci~(ies), and that by
his/hedlheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
-- ;;; :;u;; -- ~ executed the instrument.
~ ~ C~m~Jon ~ 1156995 z
~ ~No~a~ PUDIJ~ -- Coli[~nio ~ WITNESS
my
hand
and
official
seal.
] ~, SOn Di~ Coun~ [
.... '~ OPTIONAL . . .
Description of Affached Document
D~ument Date: /0~ ~0 Number of Pages
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
~ Individual ~ Individual
~ Corporate Officer ~ Corporate Officer
Title(s): ~tle(s):
~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General
~ A~orney-in-Fact ~ Attorney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
Signer Is Representing: Signer Is Representing:
EXHIBIT 'A'
That portion of real property in the City of Encinitas, County of San Diego, State of
California, as described in the deed to Fraser & Anne Elliot recorded June 30, 1999 as
Doc # 1999-0454662, in the office of the Recorder of said County, described below as
follows:
The southwesterly 14.00 feet of land described in said deed.
The above described parcel of land contains 2,206 square feet, more or less.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Dan Hooper, LS 7249
License Expires 12/31/00
Date: October t7, 2000
ROS 11229
APN 258-111-15
4"~.~'~'~.~ ' ~ NEW STREET EASEMENT
~ / 4Yr-, ~L'"~., ;./~',,....,,:"'-*."
o lO 20
SCALE: 1 "= 20'
Conway & Associates, Inc. Te,~¢,o., (7603 753-1453 SHEET 1 OF