1995-115105 Recording Reque By: )
)
City of Encinitas )
I 1111 .....
When Recorded Mail to: ..... :':
City Clerk ) ': -
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY )
)SPACE ABOVE FOR R~CORD~R'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel Project No.~N 94-1061
No. - - ' W.O. No.: N/A
R~b~rt A. Mowry ~n~ Roberta E. Anderson-Mowry
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 REFERENCE,
COV4054 I
The Grantor her4 further grants to the OF ENCINIT~ the
privilege and rig~ to extend drainage st~ctures and excavation
and emban~ent slopes beyond the limits of the herein described
right-of-way where rewired for the const~ction and maintenance of
said CITY Highway. ~SERVING unto grantor of the above described
parcel of land, his successors or assigns, the right to eliminate
such slopes ancot drainage structures or potions thereof, when in
the written opinion of the City Engineer of Grantee, the necessity
therefore is removed by substituting other protection, support
ancot drainage facility, provided such s~stitution is first
approved in writing by the City Engineer.
The Grantor her~y fu~her 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 ri~t to use the same in such manner and at such
locations as said Grantee may deem proper, needful or necessa~, in
the const~ction, reconst~ction, 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 prope~y
conti~ous to the rift-of-way hereby conveyed by reason of the
location, const~ction, landscaping or maintenance of said highway.
Dated this IS~ day of ~ , 19~S
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 ~esolution of said Council
adopted on November 9, ~994 that the City of Encinitas con~nts to
the making of the foregoing Right-gl-Way Dedication and consents to
recordation ~hereof by its duly a~hori~ ~fic~r~ ~ ! /
~ I Alan D. ArcAi~ald~
Director of Engineering Services
City of Encinitas
cov40§4 2
STATE OF CALI. J;~)F~ ,
}SS.
COUNTY Of,,//~/%~ ,,~
personally . -~ . F~tOme
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s~
subscribed to the within instrument and acknowledged to me tha~; ~e/sl~ecuted the same
in his/hc~uthorized capacity(i~, and that by ~r~ignature(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.
Signature~.~//~
' ' ......... Mary H Maggay
Title of Document
Date of Document No. of Pages.
Other signatures not acknowledged.
3008 (4/94) (General)