1991-382125 Recording Re, ,:
~ity ~f Encinitas
When Recorded Mail to:
City Engineer
City of Encinitas )
527 Encinitas Boulevard )
Encinitas, CA 92024 )
ABOVE FOR RECORDER'S USE ONLY
EASE~[ENT FOR CITY HIGHWAY
Assessor's Parcel Project NO.:_E.~ 176-91
No. 258-272-28 W.O. No.: N/A
Clifford B. Ehn and Evie Prete-Ehn
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:
That portion of the North Half of Lot 7 in Block "I" of
AVOCADO ACRES NO. 5, in the City of Encinitas, County of
San Diego, State of California, according to Map thereof
No. 2130, filed in the Office of the County Recorder of
San Diego County, September 19, 1928, lying Westerly of
a line that is 28.00 feet Easterly of and parallel with
the centerline of Golden Road as Shown on said Map
No. 2130.
TF/03/COV1-256WP5 (3-18-91) 1
1265
The Grantor here further grants to the OF ENCINITAS the
privileg9 and right to extend drainage structures 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 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 ma!n~enance 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 ~ ~
day of ~'- , 19~/
Evie Prete-Ehn
Signature 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: 7'/~'L( By: ~u.~____-~~
WARREN H. SHAFER, City Manager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
~UBORDIN~T~ON ~REEMENT
WHER~AS~ ,those parties concerned, desire to have the Deed of Trust
recorded 11-07-67 as File/Page No. 174423 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of EN 176-91 ;
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. /
JULY 8~ 1991 ~'~
DATED BENEFICIARY OR TRUSTEE
By: GENA C. ROTTER
Title: AUTHORIZED SIGNER
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, 1987 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, C~y g
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 3