1995-462192 Recording Requested By: ~:,?~ ~ ~ ~"~i% .
City of Encinitas ~._, ~ ,_ ~
1.357
When Recorded Mail +_o: ~' ! i' ' ~ i
City Clerk %~ [{~] 'i~ ~,!i'
City of Encinitas ~ .... --,/ ~::
505 South Vulcan Avenue ~ ;~ ~
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
)SPACE ABOVE FOR RECORDER'S USE
~SE~ FOR CITY HIG~AY
~ ~LINQUIS~ENT OF ACCESS RIGHTS
Assessor's Parcel Project No.: 93-175
No. ~ 13 W.O. No.: 4335 G
H.S.P. ENCINITAS INC.
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,
cov4053 1
'The Grantor hereby further grants to the CITY OF E~AS 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.
The Grantor hereby releases and relinquishes to the City of
Encinitas any and all abutter's rights of access, in and to
ENCINITAS BLVD.
except at access openings NO. 1 AND ?
as shown on Exhibit "B", attached. '
OWNER:
ISignature 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 November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Right-of-Way Dedication and
relinquishment of~ccess rights an~cons~ ~snto recordation thereof
bY its duly a~thorlzed officer. , ~ .
Date:
I ~ Alan D. Archibald
Director of Engineering Services
cov4053 2
,CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 359
State of
County of ~O~
On ~r~;l~ before me, ~E~ ~.~V~. ~J~,/~
CATE NAME, ~ITLE~F OFFICER ~ E.~., "JANE ~E, NOTARY PUBLIC"
personally appeared ~ ~
NAME{S) OF SIGNER(S)
~ personally known to me - OR -~ proved to me on the basis of satisfacto~ evidence
to be the person~ whose name~ is/~
subscribed to the within instrument and ac-
knowledged to me that he/~/t~ executed
the same in his~r/t~ir authorized
capacity~), and that by his/~r/t~r
~ ~ R0aERTAP.~AVlS J signature~ on the instrument the person,
~{~ cou~.~gs0940 ~ or the entity upon behalf of which the
~t~ff~/ N~ARYPU~CC~I~A~ perso~ acted, executed the instrument.
~ ~/ LOS ANGEL~ ~
],~ co~m. ~xp. ~. ~o, ~. ~
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the docdz'nent and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER ,
' - Tm-E(S) TITLE OR TYPE OF DOCUMENT
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATI'ORNEY-tN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
D,~TE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI3¥(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
O1993 NATIONAL NOTARY ASSOCIATION · 8236 Rammer Ave., P,O. Box 71E4 · Canoga Park, CA 91309-7184
1360
PE 609G
EXHIBIT A
LEGAL DESCRIPTION
STREET DEDICATION
A STRIP OF LAND 24.00 FEET WIDE LYING WITHIN THAT LAND DESCRIBED
IN A DEED TO H.S.P. ENCINITAS, INC. IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO DOCUMENT
RECORDED DECEMBER 16, 1993 AS DOCUMENT NO. 93-849669 OF OFFICIAL
RECORDS. THE SOUTHWESTERLY LINE OF SAID STRIP BEING COINCIDENT
WITH THE NORTHEASTERLY RIGHT OF WAY OF ENCINITAS BLVD (102.00
FEET WIDE) PER ROAD SURVEY NO. 458-66 ON FILE IN THE OFFICE OF THE
CITY ENGINEER OF SAID CITY.
THE NORTHEASTERLY LINE OF SAID STRIP TO BE EXTENDED OR
SHORTENED TO TERMINATE SOUTHEASTERLy IN THE EASTERLY LINE OF
SAID H.S.P. ENCINITAS LAND & TERMINATE WESTERLY IN THE WESTERLY
LINE OF SAID H.S.P. ENCINITAS LAND.