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1991-511605 Reco n Requeste : '~ [ ~i[ ~ - ~ c ~ ~ ~ When Recorded Mail to: _%,ijr7~ city Engineer City of Encinitas --- 527 Encinitas Boulevard Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY /~ ~ . SPACE ABOVE FOR RECORDER' S USE ONLY ~F~MENT FOR CITY HIGHWAYProject DOCUMENTARy TRANSFER TAX $. .......... · No.: TM 88-326 Assessor's Parcel No 216-122-17 W.O. No.' David T. Kira~ Gene S. Kirar and Janis M. Galef hereinafter called GPJkNTOR(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 attached Exhibit "A" TF/03/COV1-256WP5 (3-18-91) 1 ,.. 1373 " The Grantor further grants to the.TY OF ENCINITAS 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, tile 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. OWNER: ~/~nis M. Galef CAT. NO. NN00~27 TO 1944 CA (1--83) 1374 TICOR TITI. E INSURANCE (Individual) STATE OF CALIFORNIA COUNTY OF ~ ~)i &~O } SS. initas, On ~.~C ~.t~,l~q [ b~fore me, the unde~igned, a Notaw Public in and for COuncil saidState, p~onallyappeared .T~i& ~.~ ~1~ ~ to the · nts to " " , ~~to me or proved to me on the basis of satisfacto~ evidence to be the per~n__whose name ~ subscribed to the ~' ~' ~ ~FFI~A~ ~*A~YSEAL  within instrument and acknowledged that ~ exe- ~ ~:~ ~ u cmA~ r Manager cuted the same. ~ ~ No~y ~U~-- C~nla 1 ~ SAN O~E~ ~UN~ WITNESS my hand and official seal. 1%~ ~ ~mm ~xpir. (Thi~ ~r~a for official notafi~ HS/05/COV~62WP5 (6-12-89) 2 The Grantor further grants to CITY OF ENCINITAS 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 ...... .~r~,~ (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. Dated this 2~ ~! day of ~L~ -~ , 19 9/ 1376 STATE OF CALIFOBNIA On August 26, 1991 bef0reme, ***Jim Stewart********** , Notary Pub{ic. personally appeared ****David T. ************************************** I~e(~i~¢ll~{<~/~t~ ~ (or proved to me on the basis of satisfactory evidence) to be the person~ whose name) is/~ subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/~ir authorized capacity(~), and that by his/~r signature(~ ~~" ~ OFRCV~L S~.L on the instrument the person(~ or the enti~pon behalf of __ ~"'i~ J~M ST~,~ which the p~n.) acted, executed the i~ ~ [~.~  ~j~] ~N D~GO COUN]Y [~ of Encinitas, WITNESS nd and official seal. ~ ' , '  ~/ My~cmm~monEx~re~ ~; said COuncil ~/ N~rch 14,1~ ~ ~nsents to the ~~ d consents to Signature (Seal) .................... , city Manager city of Encinitas HS/05/COV~62WP5 (6-12-89) 2 STATE OF CALIFORNIA COUNT¥OF ,~'/~ C))a~O sa~d ~.te, pers~n~il~ appeared the person~ whose n;me ~ ~ subsc[~ed to the within instrument and acknowledged that ~~ARY PUBLIC C~IFORNIA~ cu~cd Ibc sal~c. WITNESS my h=nd a~d official scsi. (This area for official notarial seaL) 1 77 The Grantor further grants to the OF ENCINITAS the · '~ privilege and right to extend drainage structures and excavation and embank~ment 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 an(t/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. / OWNER :~? -, /~e S. Kira 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 aut~rized officer. WARREN H. SHAFER, LkCty Manager City of Encinitas HS/05/COV~62WP5 (6-12-89) 2 !379 E~H~BIT "A" LEGAL DESC}~IPTION - STREET DEDICATION THE WESTERLY 30.00 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DI~GO, STATE OF CALIFORNIA.