1993-216847Recording RequestE ,:
City of' Encinitas
When Recorded Mail to:
City Engineer
City of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel ~ Project No.:EN 92-174
No. 260-630-01 W.O. No.: N/A
Michael Alan Foyle and Denise Ann Fo~le
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 HEREOF
BY THIS REFERENCE
TF/03/COV1-256WP5 (3-18-91) 1
' 040
The
Grantor grants to the CItOF ENCINITAS the
hereb~urther
privilege and right"to extend drainage struct~es and excavation
and ~mbankm~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 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 18th day of March , 1992
Michael Alan Foy
e Ann F~*
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 authorized officer.
Date: ~/~/~ By: ~-~-~-~-~ ~~ ~
WARREN H. SHAFER, C~ey Manager
City of Encinitas
TF/03/COVl-256WP5 (3-18-91) 2
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On March 18, 1992, before me, the undersigned, a Notary Public in
and for said State, personally appeared Robert Russell and Michael
Alan Foyle and Denise Ann Foyle, proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed
to the within instrument and acknowledged that they executed the
same.
WITNESS my hand and official seal.
N6tary Public in and ~r ~~~
said County and State
204
EXHIBIT
The Westerly 15.00 feet of the Northerly One-Half of that portion
of the Northwest Quarter of Section 22, Township 13 South, Range 4
West, San Bernardino Meridian, in the City of Encinitas, County of
San Diego, State of California, according to the Official Plat
thereof, described as follows:
Beginning at the intersection of the Westerly prolongation of the
North boundary line of CARDIFF VILLA TRACT, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 1469, filed in the Office of the County Recorder of
San Diego County, August 10, 1912, with the Northeasterly line of
County Highway Route No. 1, Division 1; thence North 31°28'' West
along said Highway line, 213.03 feet to the beginning of a curve,
concave to the Northeast having a radius of 1275.82 feet and a
central angle of 8°01'; thence Northwesterly along said curve,
178.49 feet; thence tangent to said curve North 23°27, West, 312.59
feet to the TRUE POINT OF BEGINNING; thence continuing North 23°27·
West, 100 feet; thence North 66°48, East, 199 feet; thence South
23°27, East, 100 feet; thence South 66°48' West, 199 feet to the
TRUE POINT OF BEGINNING.