1992-211260~Recording Request~y:
City of Encinitas
When Recorded Mail to:
City Engineer
city of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
Assessor's Parcel
No. - -
· C It 19 2-0211260
15-APR-1992 08:23 AM
~FICI~L RECORDS
Sm DIEGD COUNTY ~COROER'S OFFICE
~MA'I'TE El~llB, COUHTY I~CD~OER
FEES:
)SPACE ABOVE FOR RECORDER'S US~...0~LY ~
FO~ CZT¥ KIQ~WAY L[[~
Project No.: EN 92-267 W.O. NO.: N/A
Brvan Baqlev
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) i
,The Grantor her~urther grants to the CI~OF ENCINITA$ the
privilege and rlgrm~o extend drainage struct~]~es 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 t/%e 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 ~l~- day of ~~ ,. , 1~~-
I$ignature 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.
'Dat.:
WA/{REN H. SHAFER, C~ty Fanager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
ALL-PURPOSE ACKNOWLEDGMENT
State of _ ~//-/-~../~_.,4~ ~ 3 ~ {~ CAPACITY CLAIMED BY SIGNER
~ CORPORATE
D~TE/ ~A~TITLE OF OFFICER ~.G., 'JANE ~, ~A~ PUBLIC" ~
p e~onally appeared /~[/~ __~~/~ , ~ A~ORNEY-IN-FACT
TRUSTEE(S)
~ personally known tO me - OR -~roved to me on the basis of satisfa~o~ evidence
[ to be the person~ whose name~ i~ ~ SUaSCR~a~NG WITNESS
subscribed to the within instrument and ac- ~ GUARDIAN/CONSERVATOR
knowledged to me that he/~ executed ~ OTHER:
the same in his/~ authorized
capacity~ and that by his~
signatur~ on the instrument the person,
or the anti, upon ~half of which theperson(~ SIGNER IS REPRESENTING:
a~ed, executed the instrument. NAME OF PERSON{S} OR
THIS CERTiFICATE Title or Type of Oocume., :~~ ~ ~(~
MUST BE ATTACHED ' ~
DESCRIBED AT RIGHT: Signer(a) ~her Than Named Above
EXHIBIT
That portion of the Southerly 60.25 feet of the Easterly 130.00
feet of Lot i4 in Block L of AVOCADO ACRES UNIT NO. 7, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 2138, filed in the office of the County Recorder
of San Diego County, November 7, 1928, lying Easterly of a line
that is 28.00 feet Westerly of and parallel with the centerline of
Evergreen Drive as shown on said Map No. 2138.