1993-50055 Recording Req~e~t~
City of Encinitas
543
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 92-1692
No. 254-254-21 W.O. NO.: N/A
Peter R. Guenther and Christina Kenyon,
husband and wife
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/COVl-256WP5 (3-18-91)
The Grantor her~Ifurther grants to the C. OF ENCINITAS the
privilege and rlg~'to extend drainage struct~Ires 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 ~ , 19~
OWNER:
Peter R. Guenther
Christina Kenyon ~
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: ~0-~ By: [ c%
ARREN H. SHAFER, City Manager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
546
EXHIBIT
That portion of Lot 9 in Block 3 of SOUTH COAST PARK, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 1776, filed in the Office of the County Recorder
of San Diego County, January 11, 1924, lying Westerly of the
Westerly line of Hermes Avenue as shown on said Map No. 1776 AND
lying Northerly of the Northerly line of Jason Street as shown on
said Map No. 1776 AND lying Southeasterly of the arc of a 15.00
foot radius curve, concave Northwesterly, said curve being tangent
to said Westerly line of Hermes Avenue and tangent to said
Northerly line of Jason Street.