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1992-419428Recording RequesteOyi city. of Encinitas GFB#453807-1 When Recorded Mail to: City Engineer City of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIgHWaY Assessor's Parcel Project No.: EN 380-90 No. 256-231-16 W.O. No.: N/A ANTHONY FISHER AND ROSWITHA FISHER 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: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE TF/03/COVl-256WP5 (3-18-91) 1 ,.-, GFB#453807-1 112~ ~ The Grantor here~urther grants to the OF ENCINITAS the · . privilege and right to 'extehd 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 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 ~%/~t~ , 19~ OWNER: ~ AN T HON~--PT-S/~Aq~ ROSWITHA FISHER ISignature 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~ t~ere°f~7--~ by its duly au~h~ized officer. Date: ' By: WARREN H. SHAFER,~ity Manager City of Encinitas TF/03/COV1-256WP5 (3-18-91) 2 ,~?,B~53807-1 -. · ' 1127 EXHIBIT The Easterly 17.00 feet of that portion of Lot 2 of PASSIFLORA ACRES, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2355, filed in the Office of the County Recorder of San Diego County, September 27, 1964, lying Easterly of the following described line: Beginning at the Northeast corner of Lot 1 of said Map No. 2355; thence along the Northerly line of said Lot 1, North 89°54'50'' West, 111.10 feet to the TRUE POINT OF BEGINNING; thence South 01°53'44'' West, 219.80 feet to the Southerly line of said Lot 2. ALL-PURPOSE ACKNOWLEDGMENT NO2. Stateof ~-*~: /,'~ ~'~ } 1 1 2~ CAPACITY CLAIMED BY SIGNER [] CORPORATE On ~/~;~/~ before me, ~ ~ ¢,/ t'~ / L~/ OFFICER(S) ! DATE ' NAMe, TITLE OF OFFICER EG, "JANE DOE, NOTIRY PUSLIC" TITLE(S) [] PARTNER(S) / NAME(S) OF SIGNER(S) [] TRUSTEE(S) [] personally known to me - OR -,~ proved to me on the basis of satisfactory evidence [] SUBSCRIBING WITNESS to be the person(s) whose name(s),igare subscribed to the within instrument and ac- [] GUARDIAN/CONSERVATOR knowledged to me that hc./sh=,'they executed [] OTHER:  the same in h-~Ua~r/their authorized capacity(ies), and that by hi~/hc;/their ~)~' signature(s) on the instrument the person(s), ~ "-~ 9!~._~0..C0,~,N~W~/~ ~ ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING: ~ My Co~.?r~]r~ Oct 2,19~2_ __~ acted, executed the instrument. NAMEOFPERSON(S) ORENTITY(IES) Witn/e~s my hand and o,,f,f~cial seal. ' SIGNATURE OF~'NOTAR~ I/'i/'r · A'n'ENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudu el~nt attachment of this certificate to unauthorized document. MUST BE ATTACHED TO THE DOCUMENT Number of Pages 3 Date Of DocUment - /~ ~ / DESCRIBED AT RIGHT: Signer(s) Other Than Named Above © 1991 NATIONAL NOTARY ASSOCIATION · 8236 Rammer Ave · P.O Sox 7184 · Canoga Park. CA 91304-7184 · * " SUBORDINATION AGREEME WHERE,AS, those parties concerned, desire to have the Deed of Trust recorded 8-31-90 as File/Page No. 90-477629 subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of EN 380-90 ; 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 DO~;dMENT had been executed prior to · By: ~ ~ L. LYONS Title: ASST. VICE PRESIDENT Signature of BENEFICIARY or TRUSTEE must be notarized. ~etach the appropriate acknowledgement. / STAT£ OF CALIFoRNiA COUNTy OF SAN DI£GO SS. On thf$ the 12TH '- the Under... ~ Cay of ~unP~,~.tfcn : the co/~'~_nt as AS$~ ~'~Y known f~ - 4 hand and - ~.ere~ ~w~--_ Persons Who that g , Sslofl . "~OU recordation thereof by zts du£~ ~:~ ,, ~3~RE~ H. S nager city of Encinitas TF/03/COV1-256WP5 (3-18-91) 3