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.
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