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2000-77703 · R~cording Req D00 2000-0077703 ' City of Encinitas ' Feb 15, 2000 10:O8 A~ 6~ When Recorded Mail to: City Clerk ~FICI~ iJ'~ ~lA City of Encinitas 505 South Vulcan Avenue ]'~ Encinitas, CA 92024 FEE~: 0.00 ~ FOR THE BENEFIT OF THE CITY ~ Assessor's Parcel Project No.: EN99-1118 No. 261-092-41-00 W.O. No.: 6211-I Warren S. Paroly and Janet M. Paroly 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 AND MADE A PART HEREOF BY THIS REFERENCE, cov4054 1 The Grantor hereby further grants to the CITY 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 1st day of December , 1999 OWNER: Paro~y'' ISignature of Owners to be notarized. IAttach the appropriate acknowledgements. cov4054 2 C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appea~ ~~ . ~. ~ ~ ~ n~e(s) ~u~ ~ ~e w~ ~t .... ~d a~l~me ~t h~xe~ ~ne~a~m(s) on ~ ~ ~e ~(s). ~~,..~ILLJOUR ~ ~ ~ entl~ .~ b.~., wh~h the p~(,) O~O~L ~pU~ of A~ached D~ument ~e ~ ~e ~ ~ume~: ~t Date: N~ber of Page~ Si~e~s) ~er ~ ~m~ ~o~: Ca~ci~(les) Claim~ by Signe~s) S~ner's N~: S~¢s N~e: ~ I~du~ ~ Ind~ ~ ~te ~cer ~ Coyote ~er · ,e(s): ~.e(s): ~ Pa~ner- ~ Ltm~ed ~ Gene~l ~ P~er- ~ ~mit~ ~ Gene~l ~ A~mey-i~Fa~ ~ A~omey-~-Fa~ ~ Trustee ~ Tmst~ G Gua~i~ or Consewator ~ Gua~an or C~sewator Signer Is Representing: Signer Is Representing: 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 Encinitas consents to the making of the foregoing Right-of-Way DedicatioD and consents to recordation thereof by its du~ author~z~of~ic~r.~ Date: /--~-~-~_ By: !~ ~(~~ Ai~n D. Archibald . L[ Director of Engineering Services City of Encinitas cov4054 3 EXHIBIT ~A" LEGAL DESCRIPTION That Portion of Lot 1 in Block 14, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14, 1910, lying North of a line described as follows: Beginning at the Southeast Corner of said Lot 1, thence N30°37'47"W 10.00 feet along the Easterly boundary of said Lot 1 to the beginning of a tangent curve concave to the Southwest having a radius of 15 feet, thence Northwesterly 23.56 feet along said curve through a central angle of 90°00'00'' to a tangent point on the Northerly line of said Lot 1. cov4054 5