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1993-216848 Recording ~quesj By: "2043' CityVof Encinitas When Recorded Mail to: %~ ~- City Engineer , -' City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY EABEMENT FOR CITY HIGHWAY Assessor's Parcel Project No.:EN 92-301 No. 259-060-30 W.O. No.: N/A Ravmond John Evans and Marie-Therese Evans-Clerc hereinafter called GRANTOR(S), do(~) 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 BY THIS REFERENCE TF/03/COV3-421wp51 (03-31-93) 1 2044 The Grantdr here further grants to the OF ENCINITAS the privilege ~nd to extend drainage stru~ures 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 ?~ day of /~p~l/ , 19 93 Ra~u~ John ~ans ~arie-~herese Evans-Clerc Signature of Owner's 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 au~orized officer. WARREN H. SHAFER, ~ity Manager City of Encinitas TF/03/COV3-421wp51 (03-31-93) 2 EXHIBIT "A" The Westerly 10.00 feet of Lot 6 in Block "G" of PALOMARES HEIGHTS ANNEX, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2136, filed in the Office of the County Recorder of San Diego County, October 25, 1928, described as follows: Commencing at the Northwesterly corner of said Lot 6; thence along the Westerly line of said Lot, South 00'42'38" West, 76.00 feet to the TRUE POINT OF BEGINNING of the herein described property; thence continuing along said Westerly line, South 00'42'38" West, 60.00 feet; thence South 89'27'52" East, 115.08 feet; thence North 00'42'38" East, 60.00 feet to a line which bears South 89'27'52" East from the TRUE POINT OF BEGINNING; thence North 89'27'52" West along said line a distance of 115.00 feet to the TRUE POINT OF BEGINNING. ALL-PURPOSE ACKNOWLEDGMENT State 0f ('-'."./, g,. ~, ~ ' - CAPACITY CLAIMED BY SIGNER County of ~~.~ .~ [] INDIVIDUAL On~beforeme, /...,a/.~ ~3,,e ,~,,~..~, ~..g,j, DCORPORATE NAME, '~TLE OF OFFICE P~ ~.G., 'JANE DG~, NOTARY PUELiCi'. OFFICER(S). TITLE(S) personally appeared ~.~,,,.J ~.,k,,, ,C~,E~;.oF~/~.<~;.;,..?/.,~,_,.~ ~....,~_fj_ [] PARTNER(S) [] LIMITED [] GENERAL '~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence [] A'I-rORNEY-IN-FACT to be the person(s) whose name(s) k/am [] TRUSTEE(S) subscribed to the within instrument and [] GUARDIAN/CONSERVATOR acknowledged to me that hc,';ho/they [] OTHER: executed the same in h!-":hcr/their authorized capacity(les), and that by ~ ?,~l~m.~ ~'~"n-c~d?s~," ~, ~c,,hc.~their signature(s) on the instrument ~,7~ LOIS$1',~UL~INI; [ the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: l~J ="~'~uc'c'~°m~..~3 which the person(s)acted, executed the NAM~O,: ...... instrument. t ATTENTION NOTARY: Altho~Jgh the in~on~alJon requested below is OPTIONAL, it could I:Wevefl ! fraudulent a ' THIS CERTIFICATE Title or T e of Docum ,achme,~; of th~s certificate to an unauthorized document. MUSTBE ATTACHED YP ent ~'~% ~ TO THE DOCUMENT Number oi' Pages .~' Date nf n ........ DESCRIBED AT RIGHT' ,.. . - ~ ....... ~"~ "'/~.,'~' 'a' · ~,gner(s) Other than Named Above_ ©1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184 · Canoga Park, CA 91304-7184