1993-289934 city of Encinitas
When Recorded Mail to:
City Engineer
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR TNE BENEFIT OF THE CITY
529
DOC 199 --0289934
lO-MAY-199~ 08:38
OFFICIAL RECORDS
SAN DIEGO COUNTY RE£OROER~S OFFICE
AHHETTE EUANS, EODHTY RECORDER
FEES= 0,00
DC
SPACE ABOVE FOR R~CORD~R~$ USE ONLY
~SEMENT FOR CITY HIGHWAY.
Project No.: EN 92-547 W.O. No.:N/A
Assessor's Parcel
No. 256-301-09
Kello~c and Ann'E. Bo~Dton
hereinafter called GRA/~TOR(S), do(~) hereby grant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
called GRA/~TEE, 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)
The Grantor h further grants to the OF ENCINITAS the
p~ivilege and to extend drainage structures and excavation
and embar~cment 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 ~,~ day of ~P~/L , 19~_~
Kel~/Boynton
personally known to me (or I~:~ed-tb 'me on the basis of satisfactory
~evldeose) to be-the persoe(e) whose name(s) I~/ai'e subecribecl Io the
within instrument and acknowledged to me that he/she/they executed
the same In hls/her/~heir au~heHzed capacity(las), 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.
Signature ~ x
531
Gateway Ti'd~' Company
i ~ ~ ~eOCOUN~, ·
~ M~C(:~nm, L%~if~m MAR lO 19~;' ~
City of Encinita~
TF/03/COV1-256WP§ (3-18-91) 2
532
EXHIBIT "A"
The Easterly 8.00 feet of that portion of Lot 10 in Block ,,U,, of
SEASIDE ANNEX, in the City of Encinitas, County of San Diego, State
of California, according to Map thereof NO. 1801, filed in the
Office of the County Recorder of San Diego County, August 6, 1924,
described as follows:
BEGINNING at a point in the Southeasterly line of said Lot 10,
distant thereon North 20°15'40" East, 151.65 feet from the
Southeasterly corner o~_said Lot 10~ thence.North 69°44'20" West,
150.00 feet; thence North 19°57'30" West, 30 feet to an angle point
in the boundary llne of the land conveyed to Anthony R. Russo, it
ux, by deed recorded January 3, 1968 as instrument No. 966 of
official Records; thence along said boundary line North 68°43'44''
East, 107.60 feet; thence South 60"27'10'' East, 90 feet to said
Southeasterly line of said Lot 10; thence along said Southeasterly
line South 20~15'40" West, 79.73 feet to the POINT OF BEgINNINg.