1997-31601 _ FIOELD NA'lJ
,~ecoraing Reque s ~'~y~..' ''* ~
) ~N--1997
City of Encinitas~ )
When Recorded Mail to: )
City Clerk ))/~: 178 FEES~
City of Encinitas
505 South Vulcan Avenue )
Encinitas, CA 92024 )~ /~
FOR THE BENEFIT OF THE CITY
EAS~ FOR CITY ~IG~AY
Assessor's Parcel Project No. :~
No. 254-362-46 W.O. No. :__Q_~
Aaustin Ruiz Rodriauez and Mary Ellen Beecroft Rodriguez
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 AND B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
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 opiniorr of ~le City Engineer of
Grantee, the necessity therefore is removed by substituting other
cov4054 1
protection, suppo~and/or drainage facil provided such
-'substitution is first approved in writing by ity Engineer. 179
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 7th day of January , 19~7
~ustin Ruiz ~0~riguez ~ c~ O~FNE~: Mary E~en Be~Croft ~'o~u~z (x~
ISignature of Owners to be notarized.
IAttach the appropriate acknowledgments.
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 Dedication and consents
to recordation thereof by its du~y authorized off~er. /~
Date: I ~--~ By: ~,~ ~
Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 2
180
STATE OF CALIFORNIA,
COUNTY OF San Diego } S.S.
On January 7, 1997 , before me, SHARON M. FRIEDMAN
., a Notary Public in and for said County and State, personally
appeared AGUSTIN RUIZ RODRIGUEZ AND MARY ELLEN BEECROFT RODRIGUEZ
per~am-~r proved to me on
the basis of satisfact/ory evidence) to be FOR NOTARYSEALORSTAMP
the person(B) whose name(s) is~subscribed to
the within instrument and acknowledged to me that
he/she/~,~ executed the same in his/her/t_l~ ~~'~a~o~,-M~. ~rr
authorize~l capacity(les), and that by his/her/~r
signature(s) on the instrument the person(s), or (~N Comm. #994207
~,~--=.~lli./~ OTARY PUBLIC - CALIFORNIA~_)
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS/~:nd and official seal.
Signature (. j/~L~- ~'~. ~
Sharon M. Friedman
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
, a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on --
the basis of satisfactory evidence) to be FOR NOTARY SEAL OR STAMP
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(les), and that by his/her/their
signature'(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
TE 160 Legal (2-94)
This form is furnished by Chicago Title Company
EXHIBIT A
Legal Description
Right of Way Acquisition
That portion of Lot 17 of Hillside Acres, in the County of San Diego, State of California,
according to Map thereof No. 1992, filed in the office of the County Recorder of San Diego
County January 25, 1927, described as follows:
The southerly 33.50 feet of the west half of said lot 17, all as shown on the map attached
herewith and made a part hereto.
Prepared By:
NOLTE and ASSOCIATES, Inc.
Ronald C. Parker Date
L.S. 4312
OLD ~/~
~ BOULEVARD
25~- I~2-~0
OF ENCINITAS
GRAPHIC SCALE SCAL~. ~ ~0' EXP ~-~0-~ EXHIBIT "B"
~'~' "-~-~ NOLTE aha A
.... · ~,~ ~ ~ Ensmeers / Planners/5uwevnr. HT OF WAY ACQUISITION
:~_~ ~ APN 254-362-46