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1993-20328 Recording Req~/estOBy: City of E~cinftas When Recorded Mail to: City Engineer ~ 3 ~ City of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY DOCUMENTARY TEAN,~ER TAX $ ~'~ -, Assessor's Parcel Project No.:3269CN No. 254-412-07 W.O. No.:3269CN E. Dov Rabinowitz 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/COV1-256WP5 (3-18-91) 1 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 ~ , 19~_~ OWNER: -- E.'~Dov~ R~b~nowitz / Signature of Owner's to be notarized. 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 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: I~l~ By: ~C%~_~__-~c~~ . WARREN H. SHAFER,~-~ity"----''-'~'Manager City of Encinitas TF/03/COVl-256WP5 (3-18-91) 2 0 Stat~ of California ) )ss County of San Diego ) ~- - ~e ~n(s), or ~e ~fi~ u~n ~f of w~ch ~e ~n(s) ~, ex~u~ · e ~tmment. ~SS my ~d ~d officifl ~. 1S41 i The Westerly 27.00 feet of that portion of Lot 3 in Block "I" of SOUTH COAST PARK ANNEX, in the city of Encinitas, County of San Diego, State of california, according to Map thereof No. 1788, filed in the Office of the County Recorder of San Diego County, March 29, 1924 and that portion of CREST ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof N. 2019, filed in said County Recorder's Office, May 3, 1927, described as follows: BEGINNING at the Northeast corner of said Lot 3~ thence along the Easterly boundary line of said Lot 3, South 05°51'30" East, 120.23 feet~ thence North 82°01'50" West, 211.15 feet~ thence South 86°58'05" West, 125.02 feet to a point on the centerline of Caudor Avenue (formerly Diana Avenue)~ thence North 05°03'55" West to a point in the Northerly boundary line of said Lot 3~ thence along the said Northerly boundary line South 87°13'00" East, 332.10 feet to the POINT OF BEGINNING.