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1993-328618Recording Request~ By: ~ City of Encinitas ~=' ~ i~ ? When Recorde~d Mail to: -~ :: ~/~ ~:~:7~ :i ; City Engine ,~.r city of Enc(nitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY }SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel Project No.: EN 92-957 No. 259-200-05 W.O. No.: N/A Kim Mac Connel hereinafter called GRANTOR(~), 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 AND MADE A PART HEREOF BY THIS REFERENCE TF/03/COV3-421wp51 (03-31-93) i The Grantor further grants to the 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 (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 ~ / y of ~ ~'~ , 19 -/3 OWNER: t c Connel Signature of Owner's to be notarized. IAttach 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: ~ ~fq$ By: ~ WARREN H. SHAFER, CI~Cy Manager city of Encinitas TF/03/COV3-421wp51 (03-31-93) 2 100 State of California ) )ss County of San Diego ) OFFICIAL SEAL -~. . . per',,onally known to me ((~roved to me on ~e ~lS otr~ils~J~-tol'~ ©v~den~) ~" NOTARY PU[JLIC-CAL~FOC~N)A to be the person(s) whose name~s~ subscribed to the within ~t~t and t PR,NC,,~OmC~ ,. acknowledged to me tl~e/~e_~y~ executed the same ~.~.s er/their co~,~,~o, ~.e~ ~,. ~, Is~ ~ an~hodzed c~p~ci~y(ies) ~.d ~I~ I~f~s_.-~edthe~ s~gn~ta~(s) on ~he ~truman~ ~'~~-~ the person(s), or the e~tity upon beef of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature · '' 100' EXHIBZ~T "&" The Northwesterly 15.00 feet adjoining Road Survey No. 426 of that certain 1.41 acre parcel of land as shown and delineated on Record of Survey No. 5775, filed in the office of the County Recorder of San Diego County, being portions of Block 2, the Westerly Half of "C" Street and the Easterly Half of "B" Street as vacated and closed to public use of OLIVENHAIN COLONY, in the city of Encinitas, County of San Diego, State of California, according to Map thereof No. 326, filed in said County Recorder's office, July 8, 1885, said 1.41 acre parcel being described as follows: Commencing at the intersection of the centerline of said"C" Street, with the Southeasterly prolongation of the Southwesterly line of said Block 2, as shown on Record of Survey N. 5444, filed in said County Recorder's office, April 28, 1960; thence North 15°32'30'' East, along said centerline, a distance of 609.84 feet to the most southerly corner of that certain parcel of land shown and designated as "1.63 acre not on said Record of Survey No. 5444", being the TRUE POINT OF BEGINNING; thence retracing South 15°32'30'' West, 170 feet; thence North 69°19'30'' West, 344.59 feet to the Southwesterly line of said Block 2; thence North 20°33'30'' West, along said Southwesterly line, 99.33 feet to the centerline of said "B" Street; thence North 15°32'30'' East, 17.26 feet, along said centerline, to the Easterly line of County Road Survey No. 426; thence along said Easterly line 58.08 feet to the Southerly line of the land described in deed to Ernest W. Wittlin, et ux, recorded October 6, 1960 as Document No. 199917 of official Records; thence along said Southerly line South 72°24'30'' East, 384.66 feet to the TRUE POINT OF BEGINNING.