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1993-659820 di By Recor ng Re( : City of Encinitas 67 0 When Recorded Mail to: City Engineer City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor,s Parcel No. 25R-~33-39 .Project No.: 93-52V W.O. No.: N/A Anthony p. DiPaol~ 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/COV3-421wpS1 (03-31-93) 1 671 The Grantor h. further grants to th~ OF ENCINITAS the privilege and to extend drainage str~ctures 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 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 t~e right to use the same in such manner an locations as said Grantee ma,, dee ........ d at such ~ ~ ~£uper, neea~u~ or necessary, in th? construction, reconstruction, improvement or maint said highway, enance of 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,~andscaping or maintenance of said highway. Dated this /7 ~ day of ~ ~ , 19~ OWNER: Anthony. DiPaola Signature of Owner,s to be notarized. 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. - WARREN H. SHAFERt/City ~n~ger City of Encinitas TF/03 / COV3-421w/D51 (03-31-93) 2 Whereas, CrossLand Mortgage Corp., as Beneficiary, desires to have the Deed of Trust, recorded December 23, 1992, as Instrument No. (file/page no.) 92-0823542, Subordinated to Easement (Document, hereafter) for City Highway for Public Right of Way (as shown in Exhibit A). Required as condition of approval of 93-52V. Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned Beneficiary 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. .qF. PT~R~ ?7, T 993 CrossLand. Mor~3~j~Corp. as ~o~ K. Grandstaff ' // STATE OF UTAH ) ) ss. COUNTY OF SALT LAKE ) On SEPTF. MRER ?7, ]993 before me, Janine Yates, a Notary Public in and for said State, personally appeared Carolyn K. Grandstaff, Vic~ President of CrossLand Mortgage Corp., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the ins t rument. I ....... NOTARY PUBI.IC ' ' L WITNESS my hand and official seal. ,;~?~'.~-, JANIH[YAT£$ I ~ ,,e~)~ Si.C.. tit 84105 ~M~ STAT~ OF UIAH ~ Signature / (Seal) 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 makin~ of the fore~oin~ Subordination A~reement, and consents to recordation thereof by its duly authorized offJ. cer. Dated WARREN H. SHAFER,~ity Manager City of Encinitas ljd\subordin.agr 674 EXHIBIT "A" THE NORTHERLY 10.00 FEET OF LOT 10 IN BLOCK E OF ENCINITAS HIGHLANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 4, 1928. EXCEPTING THEREFROM THE EASTERLY HALF OF SAID LOT 10.