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1993-461390Re'cording Reque By: 1742 ~ ~773 u o UL-1998 !0:I0 City of Encinitas ,OFFICIAL ~E~ORD~ When Recorded Mail to: ~ ~ ~ F~ ~"~ ~'~ COUNTY ~ECORDE~'~ OFF!,CE City Engin88r ~3 ~ ~ ~. '~/.~H~BT~ EUAHS~ sOUHTY ~E~,ORDER City of Encinitas I Jl 0.0o o. w can Encinitas, CA 92024 ~ ' ~~ FOR THE BENEFIT OF THE CITY ORDER'S USE ONLY EASEMENT FOR CITY ~IG~AY Assessor's Parcel Project No.:EN 93-553 No. 259-050-68 W.O. No.: N/A Charles P. Ohrbom and Jane E. Strono hereinafter called GRANTOR(S), dow 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/COV3-421w~p51 (03-31-93) 1 1743 T~e 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 ~ ~9~k day of ~E , 19~ ALL-PURPOSE ACKNOWLEDGMENT County of~_~_ ~ CAPACITY CLAIMED BY SIGNER ~ND/V,DUAL(S) O~ ~ ~ beforeme,~ ~ ~~ OFFrCER(S) NAME, TITLE OF OFFICER~E~ TITLE(S) ~ PARTNER(S) ,rsonally appeared~k~.~~9 ~>~ D A~ORNEY-,N-FACm personally known to me. OR - ~roved to me on the basts of satisfacto~ evidence ~ TRUSTEE(S)  to be the ~whose ~ is/are D SUBSCRIBING WITNESS subscribed~ me within instrument and ac- ~ GUARDiAN/CONSERVATOR knowJedged to me that he/she~executed ~ OTHER: the same in his/her~thorized capacity(les), and that by his/her~ signature(s) on the instrument the person(s), °rthe entity upon behalf of which theperson(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF PERSON(S) OR ENTI~(IES} Witness my hand and official seal. THIS CERTIFICATE MUST BE A~ACHED Title or Type of Document TO THE DOCUMENT Number of Pages _ DESCRIBED AT RIGHT: Signer(s) Other Than Named AbOve © 1991 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave · P.O. Box 7184 - Canoga Park, CA 91304-7184 EXHIBIT "A" THE EASTERLY 7.00 FEET OF PARCEL 1 AND PARCEL 2 AS DESCRIBED BY EXHIBIT "A" IN QUITCLAIM DEED, DOCUMENT NO. 89-600581, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 3, 1989.