1991-511604· o.,~ecording Request By:
'1367
City of Encinitas
When Recorded Mail to:
City Engineer
city of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
sPACE ABOVE FOR RECORDER'S USE ONLY
EASEHENT FOR CITY
II~NSF£R TAX
No. 259-310-04 & 259-311-01,07 W.O. No.:~3~8-G.R
THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE
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/COVl-256WP5 (3-18-91) 1
1368
'The'¢rantor hereb urther grants to the CI OF ENCINITAS the
· p~ivilege and right to extend drainage stI 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 ~f~ day o~~__,
19~/
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.
WARREN H. SHAFER, City Manager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
State of California }
" ,County of San Diego}SSO 19
O~ before me, the undersigned, a Notary Public in and for said State,
personally'" "'"appeared Vincent Whelan, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within instrument as Secretary-
Treasurer, on behalf of the Diocese of San Diego Education and Welfare Corporation, the
corporation therein named, and
acknowledged to me that such
corporation executed the within
instrument pursuant to its by-laws or
a resolution of its board of directors. ~
WITNESS my hand and official seal.
~ ~. ~ (This area for official notarial seal)
1370
-SO'W. RDS AND lqOWN ENGINEERING
87-173
8/12/91
1 2/3/90
VS
EXHIBIT 'A'
DEDICATION TO
THE CITY OF ENCINITAS
FOR PUBLIC HIGHWAY PURPOSES
That portion of Section 14, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of
Encinitas, County of San Diego, State of California, according to United States Government Survey, included in
that land described in Parcals lB, 2A and 2B of deed to the Roman Catholic Bishop of San Diego, recorded April 9,
1979, in the Office of the County Recorder of said County as File/Page No. 79-143313, lying Northerly of the
following described line:
A line that is concentric with and lying 62.00 feet Southerly of the centerline of Road Survey No. 458-66 being on
file in the Office of the County Engineer of said County.
Contains 6260 Square .,~1~1~
Feet, more or less.
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