1992-751398..~Recording Requested qy:
city of Encinita~~
When Recorded Mail to:
City Engineer
City of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
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1992-075 ! 398
2~-NOV-1992 08'- 27 mM
OFFICIAL RECORDS
DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY ~EcORuER
FEES: 0.00
) SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel
No. 260-191-01
Project No.:EN 91-380
W.O. No.:N/A
Lester Cohn and Dorothy E. Cohn, husband and wife and Gary I. Cohn
and Deborah F. Pomeranz, husband and wife.
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:
SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE
TF/03/COV3-389wp51 (9-21-92)
1832
The Grantor hereby-~further grants to Grantee Ell 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.
For claims that are alleged to have arisen, directly or indirectly,
by reason of the location, construction, landscaping or maintenance
of said public right-of-way, GRANTORS unconditionally waive all
present and future claims against CITY and CITY's officers,
officials, employees, and agents. This waiver does not apply to
claims that are alleged to have arisen out of the sole, active
negligence or deliberate, wrongful act of CITY and CITY's officers,
officials, employees, and agents.
Dated this ~~ day of ~%~ , 19~
Deobrah F. Pomeranz ~
G/r~~. Cohn
Signature of Owner's to be notarized.
iate acknowledgements
Attach the appropr ·
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.
Date:
WARREN H. SHAFER, CXi/cy Manager
City of Encinitas
TF/03/COV3-389wp51 (9-21-92)
perlonally known to me
proved to me on tl~e I=uil of satlsfactow evidence
to Oe the plrlon(s) wnosl n~[I} ~ suOscrtO, to the
within instrument. ~ ~Know~g~ t~lt ~ ex~ut~
WITNE~ my ~ Ifl~ official ~.
Not~y'$ Signature
1834
Sheet 1 of 2
EXHIBIT "A"
The Northerly 5.00 feet of Lot 13 of BERRYMAN VILLAGE, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 2926, filed in the Office of the County Recorder
of San Diego County, October 6, 1952, TOGETHER WITH that portion of
said Lot 13 lying Southerly of the Southerly line of said Northerly
5.00 feet of Lot 13 AND lying Westerly of the Westerly line of Blue
Sky Drive as shown on said Map No. 2926 AND lying Northeasterly of
a 20.00 foot radius curve, concave Southwesterly, said curve being
tangent to said Southerly line of the Northerly 5.00 feet of Lot 13
AND tangent to said Westerly line of Blue Sky Drive.
SEE EXHIBIT "A" SHEET 2 OF 2 ATTACHED HERETO
AND MADE A PART HEREOF BY THIS REFERENCE
EXHIBIT "A" ~8~ ~
Sheet 2 of 2
~SK~KNT
NO~TH