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1987-355263~EN RECORDED, PLEASE J ~ 1 5 I I ~ 7-~ ~00~ MAI~ THIS INSTRUMENT TO: I 8 1 3 5 5 2 G 3 Ci ty~C1 erk I ~i~!)i! ) ~ City of Encinitas I ~'F': ~i'~,':~,nhTF', ,,i 535 Encinitas Blvd., Suite 100 'I Encinitas, CA 92024 I IS~7 JUN 25 A~ 8: 2~ I I | VERA L. LYLC ! NO TRANSFER TAX DUE I SPACE ABOVE F~j~§t~§E O~LY__ E~ENENT FOR PUBLIC ~IGNWAY ~£ Assessor's Parcel Project:Olivenhain Rd/TM457g-1 No. 255-040-15, 16 W.O. No. :TE2941 Parcel No.:87-O186-A Log No.:225-10 VICKI LORETTA ENGELHARDT and VIOLET ELIZABETH YOUNG, as Trustees of the Young Living Trust hereinafter called GRANTOR(S), do(m~)'hereby GRANT, CONVEY and DEDICATE to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public highway upon, over and across that certain real property in the City of Encinitas, State of California, described as follows: Parcel No. 87-0186-A (05-12-87) (ENG:DMW:po) The Northerly 51.00 feet of the Westerly 111.00 feet AND the Northerly 61.00 feet of the Easterly 111.00 feet, all of the Easterly 222.00 feet (~asured along the North line) of that portion of Lot 12 of RANCHO LAS ENCINITAS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at the Northeasterly corner of said Lot 12; thence South 87'03'30" West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF BEGINNING; thence continuing .along said Northerly line, South 87~03'30'' West, 446.00 feet; thence South 02 56'30" East, 300.00 feet; thence North 87'03'30" East, 446.00 feet; thence North 02~56'30'' West, 300.00 feet to the TRUE POINT OF BEGINNING. 152 The G~RANTOR hereby further grants to the GRANTEE the privilege 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 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 District 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 said Engineer{s). 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 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 2nd day of June , 19 87 VIOLET ELIZABETH YOUNG, Trustee STATE OF )ss. Younty of' ') , 19 , before me, the undersigned, a Notary Public in and for said County and State/'l~rsona-Tl~-appeared Whose name subscribed to known to me to be the person the within instrument, and ackhowledged that executed the same. Witness my hand and official seal. This is to certify th~.t .t~e inte,re~.t, in real property conveyed by the foregoing deed or grant to the t~J.~ t-~ ~~~ ~ ~ a ~litical corporation a~r ~overnmental agency) is hereby accept~ on ~hal~ of the Board o~ Directors of said District) pursuant to authority conferr~ by Resolution of said Board adopted on March 20) 1979, and the District consents to recordation ~' WHEN RECORDED, PLEASE ' 154 · THIS INSTRUMENT TO: ·" CITY'OF ENCINITAS 535 Encinitas Blvd. Suite lO0 , Enctnitas, CA 92024 REC~C)RDED REQUE~T OF Recorded Request of DEFT. GENERAL SE~$flCES J V~RA L. LYL£ I Dept. General Services L ..... cout(lY RE[:ORD[R NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT Project : TM4579-1 Assessor's Parcel W.O. No. : TE2941 No. ~ Parcel No. : 87-0186-& Log No. : 225-1~ WHEREAS, that certain Deed of Trust between HOME THRIFT AND LOAN ASSOCIATION, a California corporation , collectively called BENEFICIARY and VIOLET ELIZABETH YOUNG and VICKI LORETTA ENGELHARDT, successor Trustees of the ..§erald F. Young Violet Elizabeth Young Living Trust , collectively called TRUSTOR and LA JOLLA PACIFIC BANCORP, a California corporation , called TRUSTEE and recorded August 22, 1986 , as File/Page No. 86-364113 in the Office of the Recorder in the County of San Diego, State of California; and WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, q~RALD F. YOUNG and VIOLET ELIZABETH YOUNG, as Trustees of the Youn~ Living Trust Will execute and deliver or has/have executed and delivered to the CITY OF ENCINITAS County of San Diego, State of California, that certain DOCUMENT(S) for an EASEMENT FOR PUBLIC HIGHWAY which DOCUMENT(S) is set forth hereinafter as follows: -1- WHEN RECORDED, PLEASE I ~ ~5 ". MAIL THIS INSTRUMENT TO: I I "' City C'lerk I City of Enctnitas I 535 Encinitas Blvd., Suite 100 I Encinitas, CA 92024 I I I NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE ONLY F-ASE~NTFOR PUBLIC HIGiD/AY Assessor's Parcel Project:Olivenhain Rd/TM4579-1 No. 255-040-15, 16 W.O. No. :TE2941 Parcel No.:87-O186-A Log No.:225-10 VICKI LORETTA ENGELHARDT and VIOLET ELIZABETH YOUNG, as Trustees of the Young Living Trust hereinafter called GRANTOR(S), do(ms) hereby GRANT, CONVEY and DEDICATE to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public highway upon, over and across that certain real property in the City of Encinitas, State of California, described as follows: Parcel No. 87-0186-A (05-12-87) (ENG:DMW:po) The Northerly 51.00 feet of the Westerly 111.00 feet AND the Northerly 61.00 feet of the Easterly 111.00 feet, all of the Easterly 222.00 feet (measured along the North line) of that portion of Lot 12 of RANCHO LAS ENCINITAS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, described as follows: Commencing at the Northeasterly corner of said Lot 12; thence South 87°03'30" West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF BEGINNING; thence continuing °along said Northerly line, South 87°03'30" West, 446.00 feet; thence South 02 56'30" East, 300.00 feet; thence North 87°03'30'' East, 446.00 feet; thence North 02°56'30'' West, 300.00 feet to the TRUE POINT OF BEGINNING. The GRANTOR hereby further grants to the GRANTEE the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described ri'ght-of-way where required for the construction and maintenance of said 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 District 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 said Engineer(s). 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 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 day of , 19 GERALD F. YOUNG, Trustee VIOLET ELIZABETH YOUNG, Trustee STATE OF )ss. County of ) On , 19 , before me, the undersigned, a Notary Public in and for said County and State, persona-l~appeared known to me to be the person whose name subscribed to the within instrument, and acknowleUged that executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the deed or grant to the City of Encinitas , a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. adopted on and the grantee consents to recordatio~f by its duly authorized officer. Dated By City Clerk/Treasurer RESOLUTION NO. 87-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF PROPERTY FOR STREET PURPOSES AND RELATED PURPOSES, AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE PURPOSE OF ACQUIRING REAL PROPERTY AND INTEREST IN REAL PROPERTY TO BE USED IN CONNECTION THEREWITH (Assessor's Parcel Nos. 255-040-15, 16) WHEREAS, Encinitas is a general law city organized and existing under and pursuant to California Statutes; and WHEREAS, it is necessary for the City of Encinitas to acquire property in order to facilitate the construction of a widening of Olivenhain Boulevard and related appurtenances; and WHEREAS, public convenience and necessity require the acquisition for and in connection with the aforesaid public improvement of the real property or interest in real property described in Exhibit A attached hereto; and WHEREAS, said public improvement is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, the real property or interest in real property are located within the boundaries of the City of Encinitas; and WHEREAS, the City of Encinitas is authorized to acquire said property by eminent domain pursuant to Government Code sections 37350 and 37350.5 and Code of Civil Procedure sections 1240.110 and 1240.120; and WHEREAS, the City Council of the Cit~ of Encinitas has given each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on matters referred to in Code of Civil Procedure section 1240.030; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Encinitas as follows: 1. That the public interest, convenience, and necessity of the City of Encinitas and the inhabitants thereof require the acquisition of the right-of-way and easement for street and related purposes, as described in Exhibit A attached hereto. 2. That the public improvements to be constructed upon, over, under, along, end across the properties described in Exhibit A have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 3. That the offer required by section 7267.2 of the Government Code has been made to the owners of record of the property to be acquired. 4. That all appropriate officers, representatives, and attorneys of the City of Encinitas are authorized and directed to acquire the easement and right-of-way for streets and related purposes, including the right of ingress and egress, in the properties described in Exhibit A in the name of and on behalf of the City of Encinitas, and, to that end, they are authorized and directed to commence and to prosecute an action or actions in eminent domain for the purpose of acquiring said interests. 5. That the City of Encinitas has urgent need for the immediate possession of such properties, and the appropriate officers, representatives, and attorneys of the City of Encinitas are authorized and directed to secure an order of court authorizing the City of Encinitas to take possession of said properties at the earliest possible date. 6. That this resolution is adopted by a vote of two-thirds or more of all members of the City Council of the City of Encinitas. PASSED AND ADOPTED at a meeting of the City Council of the City of Encinitas held On the 11th day of May 1987, by the following vote, to wit: AYES: Council Members Gaines, 0msted, Shea, Steel NOES: None ATTEST: , City Clerk LEGAL DESCRIPTION Assessor's Parcels {216-110-15 & 16 That portion of Lot 12, RANCHO LAS ENCINITAS, in the County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, described as follows: Beginnin~ at the Northeast Corner of said Lot 12! then South 87v03'30" West, 1213.52 feet, along the Northerly line of said Lot to the True Point of Beginning~ thenoe continuing along said Northerly line, South 87o03'30· West, 446.00 feetl thence South 02°56'30" West, 300.00 feet to the True Point of Beginning. EXCEPTING therefrcmu the Westerly 224 feet thereof. Book #-