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1992-375616Recording Requeste 8 3 7 Cit_~ 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 ~SEMENT FOR CITY Assessor's Parcel Project No.: EN 92-~-- No. 2~4-353-06 W.O. No. :. N/A GeorGe M. H. Keener and Mary C. Keener and Gerald N. Keener and Linda D. Keener 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 (~-18-91) 1 838 The Grantor hereb urther grants to the ENCINITAS the privilege and right to extend drainage structures and excavation and e~bankment 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 ~-~f% day of ~-~ ~ , 19_~~ OWNER: ' ~e%r~ M. H. Keener _Mary ?/Keener ~d[nda-D. Kee~r Gerald N. Keener Signature of 0wner~s to be notarized. A99n~h ~h~ nnDroDrlate acknowledgements. ) STATE OF CALIFORNIA ~'~L~ /~ I'~'~=,,~'-,, ) ss. cinltas, COUNTY OF ..-~,~"T~''~ *,,' I ~ ~ .)before me, the undersi'~lgned, a Notary Public in and for COun¢ i 1 0n ~-L3~l ~ (.~) tq~ ~ '.S to the said State, personally appeared ~:e~:)~ C ~_, J~L. ~----,.~.'~,,J~L_~ . sents to eZy Manager p known to me (or proved to me on the basis of ...... · .... ~:_=- _ _ satisfect0~ evidence)to be tho person(s)whose name(s) -~ ..... OFFiCIAl. ~-E/IL - - ~'~/are subscribed to the within instrument and acknowledged ~-~k Dawn M. Patterson ~','~1~1~]~1~ NOTARY PURLIC-CALIFORI'~I A to me that t~'~fthey executed the same, ~l~j~/~ PRINCIPAL OFFICE IN ~M/.I~"~'~F/ SAN DIEGO COUNTY WITNESS my hand and official seal. ~ My Commission Expires Dec. 6, 1993 Signatur SF4234 (REV A-7182) (CA) (tNOIVIDUAL) 840 EXH?B?T "~" The Westerly 10.00 feet of the South Half of Lot 10 of HILLSIDE ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1992, filed in the Office of the County Recorder of San Diego County, January 25, 1927.