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.