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1992-127455F~ c o'~- ding Requested City of Encinitas When Recorded Mail to: 09-~..AR-1992 City Engineer Z ~ 4 City of Encinitas 527 Encinitas Boulevard S~ C~E~O ~gij~T~ ,,EC,, ..... ~ gF~L~ Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE ONLY ~S~E~ FOR CITY Assessor's Parcel Project No.: 2786IR No. 261-061-12,13,14,&15 W.O. No.: 2786IR Russell M. De Phillips and Frederic J. Milberq 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 CaZifornia, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE TF/OB/COV1-256WP5 (3-18-91) ALL-PURPOSE ACKNOWLEDGMENT ~ ' ~ ~ CORPORATE On ~-~-~ beforeme, ~G~5~ ~' ~[dO~ , ~ ~[~ OFFICER(S) DATE NAME, TITLE OF OFFICER - E G, "JANE DOE, NOTaRy PUbLiC. ~ TITLE(S) 'personally appeared ~%~ ~, ~ ~[~ Q~ ~ ~, ~'~ ~PARTNER(S) ()OF~IGNER(S) I) ~ A~ORNEY-IN-FACT ~ personally known to me - OR - ~ proved toU~UE~Sme on the basis of satisfactory evide~' D TRUSTEE(S) to be the person(s) whose name(s) ~/are ~ SUBSCRrBING WITNESS subscribed to the within instrument and ac- ~ GUARDIAN/CONSERVATOR knowledged to me that--/they executed ~ OTHER: ~-- ................... OFFICIAL NOTARY SEAL ~ the same in ~their authorized ~OA,~NEF LEIDEN [ capacity(les), and that by ~/their ~ SGN D,E~ ~UN~ [ signature(s) on the instrument the person(s), ~ [ or theentityupon behalf of which the person(s) SIGNER IS REPRESENTING: [ Witness my hand and official seal. T~]~5ST~%~TE Title or Type of Document ~ ,~,%~ ~ C i~ ~ ~ Mu~ ~b A~ IACHED ~ j TO THE DOCUMENT Number of Pages ~ Date of Docume~ ~,~- ~ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ~ 2145 · The Grantor hereby grants to the CITIF ENCINITAS the · privilege and right to extend drainage structure and excavation ~nd 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 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 ~ ~l day of~/~/~ , 19~- ISignature 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. Date: '~/~/~ ~ By: WARREN H. SHAFER~City Manager City of Encinitas TF/03/COV1-256WP5 (3-18-91) 2 21 0 EXHZBZT "~," The Southwesterly 5.00 feet of Lots 31, 32, 33, and 34 in Block 30 of CARDIFF, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14, 1910. ~....'~ . SUBORDINATION AGREEMENT W~EREAS, those parties concerned, desire to have'the Deed of Trust ~ecorded 03-15-90 as File/Page No. 90-139038 subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of ' 2786IR ; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or 'TRUSTEE hereby waives the priority of said Deed of Trust in favor, of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. February 24, 1992 THE BANK OF SAN DIEGO By'~ Title:SENIOR VICE PRESIDET Signature of BENEFICIARY or TRUSTEE must be notarized. .' Attach the appropriate acknowledgement. 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, i987 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. WARREN H. SHAFER, ~City Manager City of Encinitas TF/03/COV1-256WP5 (3-18-91) 3