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