1992-536533 ding R
Recor eql
t 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
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel Project No.: EN 92-689
No. 258-274-01 W.O. No.: N/A
Sidney M. Shaw and Edna L. Shaw, Co-Trustees
~nder the Shaw Inter Vivos Trus~ dated May 7,1984
hereinafter called GRANTOR(S), do~ 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:
DO~UMEN A,'~ ~ :,~ ,_., AX $
SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE
TF/03/COV1-256WP5 (3-18-91) 1
"STATE OF CALIFORNIA ) 4~J
COUNTY OF EGO ) SS.
On AUGUST 10, 1992 , before me, the undersigned, a Notary
Public in and for said State, personally appearedSIDNEY M SHAW & EDNA L
(~p~-~F~g~x~x~x~ (proved to me on the basis of SHAW
satisfactory evidence) to be the Trustee of the SHAW INTER VIVOS Trust,
the Trust that executed the within Instrument,
~xx~) (proved to me on the basis of satisfactory evidence) to be
the pe'rson(s) who executed the within Instrument on behalf of said
trust, and acknowledged to me that said Trust executed the same.
WITNESS hand and official seal.
my
My ission expires 1~/23/92 (Notary Seal)
Notary Pub~in and for said state.'' I ~CORNELIAA'ELLISOR!
J ~ ~T~,C.~'~ J
The Grantor herebfurther grants to the OF ENCINITAS the
privilege and righ~ to extend drainage structures and excavation
and embankment slopes beyond the limits of the herein described
tright-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 /~3 /~.~3~r~ day of ~~ , 19~_~7-
OWN :, .
Sidne~M~ Shaw, Co-Trustee
Edna L. Shaw, Co-Trustee
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 offi~r.
WARREN H. SHAFER, C~ty Manager
City of Encinitas
TF/03/COVl-256WPS (3-18-91) 2
The Northerly and Westerly 8.00 feet of Lot 1 in Block K of AVOCADO
ACRES UNIT NO. 5, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 2130, filed in
the Office of the County Recorder of San Diego County, September
19, 1928.
TOGETHER WITH a spandrel at the Northwest corner of the
intersection of the Southerly and Easterly lines of the previously
described Northerly and Westerly 8.00 feet of said Lot 1, said
spandrel being concave Southeasterly and having a radius of 20
feet.