1993-367899 City of Encinitas
When Recorded Mail to:
City Engineer
~!~T~L ~,,~, ,~,~,
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
,SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
DOCUMENTARYTRANSFERTAX$, ~:3 -
Assessor's Parcel Pro~ect No.:~N 93-146
No. 216-07~-02 W.O. No.: N/A
John Laver and Joan Firster. husband and wife
as Joint Tenants
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/COV3-421w1D51 (03-31-93) 1
511
The Grantor herW further grants to the OF ENCINITAS the
privilege and ri~t to extend drainage structures and excavation
an~ 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___~
Joan Fir~te~- v
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: ~-~-~ By: ~t~-~-~ ~-'v.
WARREN H. SHAFER, ~i-~y Manager
City of Encinitas
TF/03/COV3-421wp51 (03-31-93) 2
1512
San Diego Bank
ACKNOWLEDGEMENT Savings
Member F D I C
STATE OF CALIFORNIA ] On April 16, 1993 beforeme,. James J. Martin
COUNTYOF SAN DIEGO . SS. Notary Public (Officer Name & Title),
personally appeared * *.IOHN LAVER & JOAN FTRSTER ~ ~ ~ ~
personally known to me or proved to me on the bas s of satisfactory evidence) to be
the person(s) whose name(8) is/are subscribed to the within instrument and ac-
knowledged to me that he/she/they executed the same in hie/her/their authorized
capacity(les), and that by hie/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official seal) Signature~~q ~ .~"--'-~
ATFENTION NOTARY: 7he following Information Is not ,fia,,daio~/, however it could preventM~'audu e~"r~ttachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TitleorTypeof Document Easement for City Highway
TO THE DOCUMENT DESCRIBED AT RIGHT: Total Numberof Pages 3 Dateof Document 4/16/93
MIS~5 (Rev. 1/93) Signer(s) Other Than Named Above None
1513
EXHIBIT "~"
The Easterly 7.00 feet of the Westerly 27.00 feet of the Northerly
63.22 feet of the Southerly 189.66 feet of Lot 21 of AVOCADO ACRES
NO. 3, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 2063, filed in the office
of the County Recorder of San Diego County, October 3, 1977. Said
Northerly 63.22 feet of the Southerly 189.66 feet being measured
along the East line of said Lot 21.