1997-222034 PE 482F!
eoord ng ,: ). I 1997-0222034.
) 1~AY-1997
City of Encinitas ) ~
)I~z OFFICIAL RECORDS
~en Recorded Mail to:
City Clerk )'~'~ ] ~ ~0 SAN DIEGO COUNTY RECORDER'S OFFICE,
GREGORY SMITH, COUNTY RECORDE,,
City of Eneinitas ) , : ' FEES: 0.00
505 South Vulcan Avenue ) :
Encinitas, CA 92024 )
FOR T~ BENEFIT OF ~ CITY )
)SPACE ABO~ FOR RECORDER'S USE ONLY
~SE~ FOR CITY HIGawAY
Assessor's Parcel Project No.: TM 95-066
No. 256-340-34 W.O. No.:
~RANCIS E. MOJONNIER; TRUSTEE OR HIS NAMED SUCCESSOR OF THAT
CERTAIN REVOCABLE TRUST AGREEMENT EXECUTED 6/26/90 BY FRANCIS
E. MOJONNIER FOR THE BENEFIT OF THE MOJONNIER FAMILY;
hereinafter called GRANTOR(S), 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 ANDMADE A PART HEREOF BY
THIS REFEP~ENCE,
This Instrument filed for record by Chicago Tttie
Company a~ an accommodation only. It haS ~
been examined as to its execution o[ as t~ ill
effect upon the title,
cov4054 i
1761
The Grantor.hereby grants to the 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 ~/~ day of /~4~R ~ , 19~
OWNER~
FRANCIS E. MOJONNIER, TRUSTEE
Signature of Owner? to be notarized. I
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 November 9, 1994 that the City of Encinltas consents to
the making of the foregoing Right-~f-Wa~ Dedication 9n~con~ents to
recordation t~ereof by its duly t orlze o ice .
Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 2
* CAMFORNIA ALL.PURPOS CKNOWLEDGMENT
6
State of ~_~r,' i
County of -~/q
On ~C~ ~ [~q~ beforeme, ~,'cr_ ~. ,~ W~r~ ~{,~ ,
personally appeared ~ E/~ ~.
~ personally known to me - OR -~proved to me on the basis of satisfacto~ evidence to be the person~
whose name~ is/~ subscribed to the within instrument
and acknowledged to me that he~hc/thcy executed the
same in his/hcr/th~r authorized capacity(~cc), and that by
............' hi~ signature~ on the instrument the person(e),
]~ J~N~ K. SWEN~N a~r or the entity upon behalf of which the person~ acted,
': ~,~ O~. · l~7m ~z executed the instrument.
~ DIEGO COUNW
. E~ea JUN 22, 1
~ ~ ~C~ ~ WITNESS my hand and official seal.
O~NAL
~ough the information below is not r~uired by law, it may prove valuable to pe~ons relying on the d~ument and ~uld prevent
fraudulent removal and reattachment of this fo~ to another d~ument.
Description of Attached Document
~tle or Type of Document: ~~ ~ ~[~x/
Document Date: ~ ~ ~. /~ ~ ~ Number of Pages:
,i
Signer(s) Other Than Named Above: ~ ~ ~ ~ ~ ~C7~ i~ . ~A/
Capacity(les) Claimed by Signer(s)
Signer's Name: F~/~/'~ ~..~ ~~ Signer's Name:
~ Individual ~ Individual
~ Co.orate Officer ~ Corporate Officer
~tle(s): Title(s):
~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General
~ A~orney-in-Fact ~ Attorney-in-Fact
~Trustee ~ Trustee
Guardian or Conse~ator ~ D Guardian or Conse~ator
~ Other: Top of thumb here ~ Other: ~op oi thumb heCe
Signer Is Representing: Signer Is Representing:
63
PE 482F1
LEGAL DESCRIPTION
EXHIBIT "A"
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BEKNARDINO BASE AND MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, INCLUDED IN
THAT LAND DESCRIBED IN A DEED TO SAN DIEGO HEBREW HOMES FOR
THE AGED, INC., RECORDED JUNE 1, 1989, AT FILE/PAGE NO. 89-288543 ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 60.00 FEET OF SAID DOC. NO. 89-288543.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN AN IRREVOCABLE
OFFER TO DEDICATE PER DOCUMENT RECORDED APRIL 14, 1988 AS F/P 88-
172862.
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TM 95-066