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1989-240572 city Engineer ) } 07~ ~-~ ~:;~:: ~%~-',, } Departmen= of Public Works ) ~'~' ~/~ .... ~ ........ ci=y of Encinitas ) 8~-8 ~ 8:~0 527 Encinitas Boul~ard ) Encinitas, ~ 92024 ) ~ .... ~ ~.~:~ ~ .~'~.~c~ ~ NO ~ NO T~SF~ T~ ~ ) )SPACE ABO~ FOR RECORDER'S USE ONLV ~ ~R CI~ HI~Y Assessor's Parcel Project No. 254-242-20 W.O. No. Parcel No. Log No. Colin M. Jones/ Patrick R.Powers hereinafter called GRANTOR(S), doN hereby grant, convey and dedicate to the CITY OF ENCINIT/CS, State of California, hereinafter called GRA/T~EE, 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: That portion of Lot 19 in Biock 5 of SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County,September 21, 1925, lying Northerly of a line that is 30.00 feet Southerly of and parallel'with the centerline of Phoebe Street as shown on said Map No. 1859. HS/04/COV1-62WP (10-12-88) COUNTY OF an D i~LO j On April 4, 1989 ,before me, the undersigned, a Notary Public ir] and for said Stafe, personally appeared COLIN M. JONES AND PATRICK R. POWERS X~.l~[~{~ proved to me on the basis of saris ~ factory evidence) to be th e po rson(s) whose name(s) :f/are sub- OFFICIAL SEAL scribed to the within instrument and acknow,edged ,o me tha~ /~\ JOAN O'DONNELL ]k-e~/t hey executed the same. PRINCIPAL OFFICE iN L/ Joan O~Dofi~ell 204 The Grantor her b~s~ further grants to the CI~OF ENCINITAS ~he 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, suppor~ 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 o~ 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 April day of 4th 89 , 19 SIGNATURES TO BE NOTARIZED 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 authorized Dedication officer, and consents to recordation thereof by its duly WARREN H. SHAFER, Cit~-~anager City of Encinitas HS/04/COV1-62WP (10-12-88)