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1995-33063 ~-JAN- 1995 01-~5 PM p. ecor~ing Re.auested By: ) ) ?~I£I~L ~ECOPDS City of ~cini~s ) SAM DIEGO COUNTY RECOROER'S OFFICE' ) GREGORY SMITH, C~UHTY REDORDER ~ Reco~ed Mail ~: ' ) F~: 0.00 city of ~c~it~s ) 505 SOU~ ~ulc~ Avenue ) ~c~itas, ~ 92024 ) ) FOR ~ B~FIT OF ~ CI~ ) I SPA~ ABO~ FOR ~CORD~'S USE O~Y ~oje~ ~o.:TM 9~-044 ~ses~.qr's parcel W.O. No.: 3425t No. 257 -040-~ TAMALA LEE SWARTZf also known as TAMALA L. S~ARTZ~ as her sole and separate. .property,. as to an undivided 2/3 interest~ and GARY DONAID DEWITT~ as his .s. ole and separate property, as to an undivided 1/3 interest. hereinafter calle'd GRANTOR(S), do(es) hereby grant, convey and dedicate to ~he CITY OF E~CINITAS, S%atm of California, hereinafter called GRAa'-'=~, .the right of way and incidents ~here%o 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 ~,:~ETO AND MADE A PART ~.,~EOF BY T~Z.S RZZZP. Zi~CZ, cov4054 The Grantor here further grants to the 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 'g~ntor of the above described parcel of land, his successors oF assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City ~ng%neer of Grantee, t~e necessity therefore %s removed by s~bst~tutlng other prgtectlon, support and/or d~alnage facility, ~?rovided 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~gintenance of said highway. Dated this /~ day of/'/~ , 19~--- "GRANTOR" TAMALA LEE SWARTZ > GAR~ DO~D DE WIT~ Signature of Owners 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 duly aut zed officer. Date: /l- ~-), ~ ~ B City of Encinitas Lauren Wasserman, City Manager COV4054 2 C LIFORNIAALL-PURP ACKNOWLEDGME T No. 5907 State of personally [] personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized  capacity(ies), 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. WI .~ ~S m~and a~l ~,al seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATI'ACHED DOCUMENT [] CORPORATE OFFICER TITLE{S) [] PARTNER(S) [] LIMITED [] GENERAL [] A~rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: ~ 0 NAME OF PERSON{S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P,O. Box 7184 · Canoga Park, CA 91309-7184 1225 EXHIBIT That portion of the Southwest Quarter of the Northeast Quarter of Section I1, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey Map approved April 19, 1881, described as follows: Commencing at the intersection of the East line of said County Road known as Old Survey No. 35 and shown on the map thereof in the office of the County Surveyor of San Diego County, with the North line of said Southwest Quarter of the Northeast Quarter; thence East along the North line of said Southwest Quarter of the Northeast Quarter, 279.00 feet to a point; thence South on a line parallel with the East line of said County Road 156.00 feet to a point; thence West on a line parallel with the said North line of the Southwest Quarter of the Northwest Quarter to a point on the center line of said county line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to the point of Commencement. EXCEPTING therefrom that portion lying Westerly of the Easterly line of that portion of County Road Survey No. 1800-1 (known as E1 Camino Real) as described in deed to the County of San Diego, recorded March 20, 1970 as file no. 50065. Said easement of right of way in the aforesaid lands is particularly described as follows: The Westerly 23.00 feet of the above described property.